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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Expunction and Statute of Limitations

    My question involves expungements or pardons for the state of: Texas.


    Hello. In my case the class b misdemeanor I was arrested for was never
    brought up by the D.A's office. In other words, I went to the
    DAs office recently because I wanted to find the official disposition of the case.
    They told me they had lost all the paperwork and because of the fact it was
    three years later they told me they would put the paperwork together but that they would have to update the disposition to statute of limitations. In other words I wasn't given a far trial ever! and according to My interpretation of 55.01 & 55.02 of the criminal code of procedure in Texas, I think I'm eligible for expunction because the arrest (custodial or non custodial) never amounted to a conviction o anything else. Is this interpretation of the law correct? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Expunction and Statute of Limitations

    The law provides,
    Quote Quoting Texas Code of Criminal Procedure, Sec. 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.
    * * *

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