Texas Affidavit in Support of Motion to Order Expungement of Criminal Record

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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

In Texas, filing an expunction petition will remove an offense from an individual's criminal history and force state agencies and private companies to remove references to the arrest in their electronic files and to destroy any hard files related to the arrest.

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.

A person may obtain an expunction if no charges have been filed after a waiting period has passed: 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies.

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)

Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.

Part of the expungement cost is the filing fee charged by the court, typically around $300, which is required for any record expungement or expunction. The average lawyer expungement cost for record expungement in Texas is around $1,500. Some lawyers charge upwards of $3,000 to expunge criminal records.

Get Help Clearing Your Record The Texas Fair Defense Projects provides free assistance to people who qualify for expunctions or nondisclosure orders. Applicants are required to submit a DPS Criminal History Report along with their application to determine eligibility.

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Texas Affidavit in Support of Motion to Order Expungement of Criminal Record