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

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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.

A Texas Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document filed by an individual or their attorney seeking the expungement of their criminal record. This affidavit is necessary for those who wish to have their criminal records erased or sealed permanently. Keywords and key phrases related to this topic might include: 1. Texas Affidavit: Refers to a sworn statement made under oath by an individual in the state of Texas. 2. Expungement: The legal process of erasing or sealing an individual's criminal record. 3. Criminal Record: A documented history of an individual's past criminal charges, arrests, and convictions. 4. Motion to Order Expungement: A formal request made to the court to grant the expungement of a criminal record. 5. Support of Motion: Providing substantial evidence and reasoning to justify the request for expungement. 6. Texas Penal Code: The body of laws that defines various criminal offenses in the state of Texas. 7. Criminal Justice System: The system of laws, courts, and institutions that deal with criminal offenses. 8. Rehabilitation: The process of reforming an individual, ensuring they have reintegrated into society after facing legal consequences. 9. Legal Counsel: Refers to an attorney or lawyer who provides legal advice and representation in matters related to expungement and criminal records. 10. Statutory Eligibility: The specific criteria or conditions that must be met in order to be eligible for expungement under the law. Different types of Texas Affidavits in Support of Motion to Order Expungement of Criminal Record may vary depending on the specific reason for requesting expungement. Some possible variations or categories could include: 1. Arrest without Conviction: Affidavit requesting expungement when an individual was arrested but not convicted of a crime. 2. Acquittal or Dismissal: Affidavit seeking expungement after being acquitted of charges or having the case dismissed. 3. Pardon or Deferred Adjudication: Affidavit requesting expungement when an individual has received a pardon or completed a deferred adjudication program. 4. Juvenile Offense: Affidavit seeking expungement of a criminal record relating to offenses committed as a minor. 5. Identity Theft or Mistaken Identity: Affidavit related to cases where someone's criminal record was mistakenly attached to another individual's identity due to identity theft or administrative error. It is important to consult with a legal professional to determine the specific type of Texas Affidavit in Support of Motion to Order Expungement of Criminal Record that is applicable to an individual's situation.

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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