Expunction Texas, Definition & Felony Expungement

Aug, 15, 2017
Dan
Articles

Expunctions are something we hear a lot about. Many times I get approached by a concerned parent or relative asking me if their loved one qualifies for an expungement in Texas…

Houston Criminal Attorney. Call (281) 853-8537 for a free consultation.

Video Notes:

Expunction Vs. Expungement – In Texas they are virtually the same.

Who Can Get An Expunction? – The statute is actually quite complicated (we have partially re-printed it below) and you should really talk to an attorney so that they can evaluate your specific set of circumstances against the current law.

The Most Common Way That Someone Is Entitled to An Expunction – This usually happens when for one reason or another the District Attorney eventually dismisses the case. Once the DA dismisses your case, you are entitled to an expunction of those criminal records. But, you must wait until the statute of limitations (on that particular charge) expires [Unless the DA agrees otherwise].

If You Are Found Not Guilty At Trial – You are entitled to an automatic expunction and don’t even have to pay filing fees.

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); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person’s actual innocence; or…

Read the entire statute here >> http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm