Everyone Should Have the Right to Expunge their Criminal Record
SEE IF YOU QUALIFY
--By Your Local Texas Expungement Attorney
We have all had something happen in our lives that may have left a blemish on our permanent record. A trip to the courthouse once in our lives may have left a lasting stamp on our permanent criminal record that may cause us to not get hired for a job, not get into a school or university, or even keep us from renting an apartment. By examining the factors below you can determine if you qualify for this life-long eraser from your criminal record.
According to CHAPTER FIFTY–FIVE of the Texas Rules of Criminal Procedure "EXPUNCTION OF CRIMINAL RECORDS":
(a) A person who has been arrested 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; 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, it has been dismissed and the court finds that it was dismissed 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 of this code; and
(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.
(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.
While the above will give you a good idea of what options you may have in an effort to expunge your criminal record, there is more you need to know before abandoning your goal of clearing your criminal record. Come in for a FREE CONSULTATION today so I can explain how we can erase all types of crimes from your criminal record.
Contact me so I can EXPUNGE your criminal record today!
Information presented on the Web site is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this information is up–to–date as of the date of publication. It is not intended to be a full and exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own legal counsel.
Not Certified By The Board of Legal Specialization |
