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  1. #1
    Join Date
    Apr 2006
    Location
    Texas
    Posts
    1

    Default Hope for a Pardon in Texas

    I had a felony conviction in Tex over 40 yrs ago and have never been arrested since. I applied for a pardon. It was approved by the Board of Pardons and Paroles and sent to Bush's office where it sat for 5 yrs. Then he went on to bigger and better? things. The Gov wrote and said, "Not at this time." I'm now almost 70 yrs old and would like to die with a clear record for my kid's sakes. Is expungement or something else possible for me?

  2. #2
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default

    Unfortunately, you can never expunge a conviction of any kind in Texas.

  3. #3
    Join Date
    May 2006
    Location
    Dallas, TX
    Posts
    6

    Default Re: Clearing a Texas Criminal Record

    Please forgive me and understand that I am NOT contradicting vmcmurry's reply, but I disagree that one can NEVER "expunge a conviction of any kind in Texas". I have a friend who is a paralegal that is working on expunging a record as we speak. She lives in Dallas County, Texas. Plus, I have read a little bit about the process of having a record expunged. Will you please enlighten me some more on the reason(s) you claim that it can't be done?

    Kristi Love

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

    Default Re: Hope for a Pardon in Texas

    As an attorney who's done a number of these and has read the statute backwards and forwards, it is unfortunately very clear that a conviction (that is not pardoned or overturned on appeal) is not entitled to an expunction. In fact, a deferred adjudication (that is later dismissed) cannot be expunged (unless it was a Class C Misdemeanor.) The statute is quite clear of what criteria must be met in order to expunge a charge. (Tex. Code Crim. Proc. art. 55.01 - See Below ) If your friend is in Dallas County, they may be working on an expunction and may even have a hearing set, but I would be more than shocked if it is granted and that it was an actual conviction being expunged. Dallas is pretty thorough in when reviewing the application - in fact the DA will verify eligibility before the judge ever sees it. If your friend is successful, please let me know as that would be a very new precedent that I would love to be able to reference in the future. Unfortunately, there is no provision to expunge or even seal records that are decades old either. One would think that after so much time has passed you could get it off your record (as you have proven yourself over time), but unfortunately they just won't do it.

    However having said all of that, I would suggest you just contact the district attorney in the court where you were convicted. Maybe they will agree not to challenge it if you file and you could get it granted by default - who knows maybe you could slip it through. (Call the main office, and request to either speak to the DA that reviews expunctions or the DA in the court where you were convicted.) They are usually pretty helpful and nice individuals.


    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.

    (a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.

    (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.

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