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Expunction of Criminal Records
While taking deferred adjudication will prevent a final
conviction from appearing on your record, should you
successfully complete the terms of your probation,
there will still be a record of your arrest and the
charges brought against you. These items may
appear on any background searches.
deny, under oath, any purpose. An expunction allows
and the expunction order. The right to expunge your
you to deny, under oath, the existence both the arrest
criminal record, however, is not absolute.
and the expunction order. The right to expunge your
criminal record, however, is not absolute.
right to expunge your criminal record, however, is not
absolute.
You are only entitled to have all records relating to an
arrest expunged if:
the limitations period, you have been released from
custody, the charge did not result in a final conviction
and you were not convicted of a felony in the five (5)
years preceding the arrest.
five (5) years preceding the arrest.
Code of Criminal Procedure Chapter 55
While taking deferred adjudication will prevent a final
conviction from appearing on your record, should you
successfully complete the terms of your probation,
there will still be a record of your arrest and the
charges brought against you. These items may
appear on any background searches.
deny, under oath, any purpose. An expunction allows
and the expunction order. The right to expunge your
you to deny, under oath, the existence both the arrest
criminal record, however, is not absolute.
and the expunction order. The right to expunge your
criminal record, however, is not absolute.
right to expunge your criminal record, however, is not
absolute.
You are only entitled to have all records relating to an
arrest expunged if:
- You were acquitted at trial,
- You were convicted then pardoned, or
the limitations period, you have been released from
custody, the charge did not result in a final conviction
and you were not convicted of a felony in the five (5)
years preceding the arrest.
five (5) years preceding the arrest.
Code of Criminal Procedure Chapter 55
What is the procedure for expunging a criminal
record?
30 days following the date of acquittal.
acquittal.
Code of Criminal Procedure Article 55.02
record?
30 days following the date of acquittal.
acquittal.
- An ex parte petition for expunction may be filed in a
district court in the county in which the petitioner
was arrested or the offense was alleged to have
occurred.
- A person entitled to expunction of his criminal
record due to identity theft may file an application
for expunction with the District Attorney's office in
the county in which he resides.
Code of Criminal Procedure Article 55.02
