Expungement- Remove Offense from Record
If you are looking to have
your criminal records expunged, contact the Law Offices of J.D.
Garza. We have filed
many petitions for expunction with a 100% success rate.
Many times, persons take their case to trial and get an
acquittal (not guilty verdict), which entitles them to seek
expunction of the arrest records held by many different government
entities, such as the: local police department, sheriff’s office,
FBI, county clerk’s records, local detention center, and many more.
There are other situations, however, in which persons may be
entitled to an expunction.
There is no secret to the 100% success rate, because there is
no substitution for knowing the laws that pertain to expunctions. We
can research your particular situation and accurately advise you if
an expunction or a petition for nondisclosure is possible in your
case(s).
The following excerpt
contains the law on Expunction in Texas:
Quoting Texas Code of
Criminal Procedure, 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.
(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.
As mentioned above, a person may petition a court for an order of nondisclosure [Tex. Gov't. Code 411.081(d)(1)(2)]. An order of non-disclosure should prevent an employer from discovering the conviction record, and state agencies would be ordered not to disclose it. It should be noted, however, that a government employer would still have access to the conviction record. Petitions for nondisclosure may be filed five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision.