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Expungement – A Guide

November 23, 2013

Unlike unpaid debts or a bankruptcy on your credit report, arrest and conviction records are not automatically removed from your record after a period of years. It is up to you to clean up your past. To clean your past, you must meet certain qualifications set out in the Texas statute. Expungement is a process of removing a criminal record with the help of a expungement attorney in Texas. Expungment may also be referred to as sealing, erasure, destruction, setting aside, expunction, or purging.

The law varies from state to state, so you should also consult a knowledgeable attorney in your state to find out if you are eligible and what the procedures are. In this post, you’ll find information regarding the requirements and procedures for Texas expungements. Have a look,

First, you should understand that expungement is usually available only to those who have not been convicted of a crime. This means that you can erase only those arrests that did not lead to conviction. However, in some states, expungement may be available after conviction.

Eligibility for Expungement

Below are certain conditions that can make you eligible for a Texas expungement.

You may be eligible for an expungement if you meet the following:

  • acquitted by a trial court or Court of Criminal Appeals and you were not convicted of and do not remain subject to prosecution for another offense arising out of the same criminal episode;
  • You received a pardon from the governor;
  • If your case was dismissed or you received a no-bill from the grand jury
    • You were arrested

    • You were released with no final conviction and the case is not pending;
    • The court did not order supervision under 42.12 for offense other than Class C misdemeanor
    • and either
    • No indictment/information and waiting period has passed
      • 180 days Class C misdemeanor
      • 1 year Class A & B misdemeanor
      • 3 years all felonies
    • or indictment/information dismissed and court finds mistake or fraud
    • or statute of limitations has expired

    Eligibility for an expungement is based on Texas state law. It is advised that you hire a competent expunction attorney in Texas to handle your case because that is often your best chance to get your record removed.

    Expungement Procedure

    Every jurisdiction has its own process and procedures. But you must know the types of documents and you need and where to send the papers.

    In Texas, you need to do the following:

    • determine if you are eligible;
    • file a petition for expunction in the proper court;
    • obtain copies of the appropriate documents;
    • respond to any objections;
    • set it for hearing; and
    • get a signed copy of the order.
    • Remember, if you go it alone, you may only get “one bite at the apple”. If the judge denies it because it was filed incorrectly then you may not be able to refile. We recommend hiring an experienced attorney who can guide you through the process to ensure that it is done correctly. To hire a knowledgeable attorney, click clearyourrecordtexas

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