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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.