Here are the circumstances that may help you understand if your case is eligible for expunction:
8. You were convicted of a crime that was later pardoned by the Governor of Texas or the US President.
Just because your case may be eligible, doesn’t mean it qualifies for expunction.
The court will not grant your expunction if you’ve been placed on felony probation, deferred adjudication, or convicted of a felony within 5 years after the arrest for the eligible case. Additionally, eligible cases don’t qualify until the statute of limitations has expired.
As with any complex legal issue, you should call an experienced Houston DWI attorney to ensure that your case is eligible for an expunction and that it’s handled effectively. The only thing worse then not filing an expunction to clear your record is filing an expunction ineffectively.
At Trichter and LeGrand, we file expunction petitions every day.
We know what documents need to be filed on your behalf and how to frame the proper information so that it places you in the best possible light.
Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS. (a) In this article, “child” has the meaning assigned by Section 51.02, Family Code.
(b) A person may apply to the court in which the person was convicted to have the conviction expunged as provided by this article on or after the person’s 17th birthday if:
(1) the person was convicted of not more than one offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; or
(2) the person was convicted only once of an offense under Section 43.261, Penal Code.
(c) The person must make a written request to have the records expunged. The request must be under oath.
(d) The request must contain the person’s statement that the person was not convicted of any additional offense or found to have engaged in conduct indicating a need for supervision as described by Subsection (f)(1) or (2), as applicable.
(e) The judge shall inform the person and any parent in open court of the person’s expunction rights and provide them with a copy of this article.
(f) The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person’s record if the court finds that:
(1) for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; and
(2) for a person applying for the expunction of a conviction for an offense described by Section 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6), Family Code, while the person was a child.
(f-1) After entry of an order under Subsection (f), the person is released from all disabilities resulting from the conviction and the conviction may not be shown or made known for any purpose.
(g) This article does not apply to any offense otherwise covered by:
(1) Chapter106, Alcoholic Beverage Code; or
(2) Chapter 161, Health and Safety Code.
(h) Records of a person under 17 years of age relating to a complaint may be expunged under this article if:
(1) the complaint was dismissed under Article 45.051or 45.052or other law; or
(2) the person was acquitted of the offense.
(i) The justice or municipal court shall require a person who requests expungement under this article to pay a fee in the amount of $30 to defray the cost of notifying state agencies of orders of expungement under this article.
(j) The procedures for expunction provided under this article are separate and distinct from the expunction procedures under Chapter 55.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 50, eff. Sept. 1, 2001.
Acts 2005, 79th Leg., Ch. 886 (S.B. 1426), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 13, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 14, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 5.002, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 13, eff. September 1, 2017.
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