Texas Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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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

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.

However, if you were charged with a felony, you must wait at least three years to file a petition for expunction.

Why might I not be able to expunge or seal my record? An offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure. An offense under Texas Penal Code Section 20.04 (aggravated kidnapping) ... Any other offense involving family violence, as defined by Section 71.004, Family Code.

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.

In 2021, the 87th Texas Legislature created a law that allows for expunctions of certain Unlawful Carrying Weapons (UCW) convictions for offenses committed before September 1, 2021.

Basically expunction and expungement mean the same thing but expunction is now the correct legal form in Texas.

The court will likely expect the petitioner to have an order drafted and ready for the judge to sign at the hearing on the expunction. The signed order must then be submitted to any and all agencies or organizations that may have records or files relating to the expunged offense.

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)

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Texas Motion for New Trial for Purpose of Expunging Criminal Record