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  1. #1
    Join Date
    Sep 2005
    Location
    il
    Posts
    5

    Default How to Expunge or Seal a Criminal Record

    I just recently moved to Ilinios from Texas. I was on probation for 5 years in Tx for cc abuse which was a felony. Can I get this off of my record? I was dismissed in Feb of 2002. Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Expunction

    Under Texas law, assuming your charge was in fact dismissed, you should be able to petition for an Order of Non-Disclosure which will seal your record. Otherwise it appears that you would have to obtain a pardon, and then petition for expunction of your record.
    Quote Quoting Texas Code of Criminal Procedure, Art. 55.01
    Right to Expunction

    (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

    (1) the person is tried for the offense for which the person was arrested and is:


    (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

    (B) convicted and subsequently pardoned; or

    (2) each of the following conditions exist:

    (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

    (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

    (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

    (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

    (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

    (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

    (1) tried for the offense for which the person was arrested;

    (2) convicted of the offense; and

    (3) acquitted by the court of criminal appeals.

    (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

    (d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

    (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

    (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

  3. #3
    Join Date
    Sep 2005
    Location
    il
    Posts
    5

    Default Thanks

    Can I start the seal process from illinios or do I have to go back to Tx. what are the steps to getting this done and is it a cost and how long does it take. Also, If i am applying for a professional license here in Illinios, will my record from Tx show up.

  4. #4
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default

    You have to file for an Order of NonDisclosure (sealing your record) in District court in Texas. You can have an attorney appear for you so you shouldn't have to physically appear. The filing fee ranges from county to county, but is generally around $200. You are not required to use an attorney, but if you do chose one their fees can range greatly from simply providing the forms to you (be careful about these though b/c many are not attorneys) to filing for you, appearing at the hearing, making sure proper notices are sent and making sure your record has been actually sealed/expunged. I typically charge around $750 myself, but it varies either way depending on the circustmances.

    If you received a conviction, and it was not deferred adjudication, then you will not be eligible to expunge or seal your record. You will have to seek a pardon ( see the Texas Board of Pardons and Paroles website at http://www.tdcj.state.tx.us/bpp/exec...exec_clem.html) (They list procedures here: http://www.tdcj.state.tx.us/bpp /exec_clem/FP%2010%20 FP%20 Information%20and%20Checklist %20-%20A.pdf )

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