Texas Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

You are eligible for this type of expunction if: 1) you have been released, AND. 2) the charge, if any, has not resulted in a final conviction and is no longer pending AND. 3) there was no court-ordered community supervision, unless the offense is a Class C misdemeanor AND.

Do you need a lawyer to expunge your record? Nope. Most people can file and successfully process their own Texas expungement without an attorney.

Why might I not be able to expunge or seal my record? An offense under any of the following Texas Penal Code Sections: 19.02 (murder) 19.03 (capital murder) 20A.02 (trafficking of persons) 20A.03 (continuous trafficking of persons) 22.04 (injury to a child, elderly individual, or disabled individual)

If I pled guilty, can I get an Expunction? You are generally not eligible to have your arrest expunged if you were ultimately convicted, whether after a guilty plea, a no contest plea or trial unless you are pardoned by the governor of the state of Texas or you were convicted of UCW before September 1, 2021.

Once your case is expunged it is gone from public records. Some agencies such as the Department of Homeland Security, however, may still have knowledge of the crime. An order of non-disclosure effectively seals your record and keeps it out of the public view.

Orders of nondisclosure do not fully erase your records, they just hide them from most of the public. This is a state process, so the federal government can still access and use your sealed criminal records against you.

There is a common myth that criminal charges are automatically removed after 7 years, however, this is simply not true.

With limited exceptions, a person cannot get a criminal record expunged if they were convicted of a felony, one of the many consequences of a felony conviction. Most offenses that involve children, sexual assault, and violent acts such as criminal assault, are not eligible for record sealing in Texas.

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Texas Petition for Expungement of Record in Case of Acquittal and Release without Conviction