Texas record expungement
Texas law provides expungement only in very limited circumstances. The process in Texas is called ""expunction."" To be eligible for an expunction, you must have either been arrested, but not charged or convicted, acquitted after the trial, resulting from a successful appeal of the conviction, or a pardon. If your case resulted in a deferred adjudication, which is a special type of probation only for first-time offenders, you are not eligible for expunction. You must also not have any felony convictions in the five years before your arrest; you cannot have been arrested for multiple offenses, and if you arrested for any sex-related crime and given crime community supervision you are not eligible.
First, you must get copies of the court forms ""Order to Clear Record"" and ""Petition to Clear Record"". You can find this at the clerk's office in the county in which you were arrested. If you go online, you can also find the forms on different legal websites such as Texas Law Help. A record of your fingerprints must be submitted, so it's recommended that you ask the clerk the process used by the court for fingerprinting in expunction cases.
Fill out the ""Petition to Clear Record"" by filling in your identifying information in the proper blank spaces. This will include the information concerning your arrest, and also information pertaining to your acquittal or dismissal of charges. You are also required to list all agencies that may have a record of your arrest. You must also check the box telling why you are filing this petition. Once you have completed the form, you have to sign it in front of a notary. It is advised that you make numerous copies.
After that is finished, you can file the petition along with your fingerprints at the clerk's office in the county where you were arrested. Ask the clerk to stamp the court filing information, which is the case number and date, on numerous of the copies of the petition that you made. You should have at least one copy for safekeeping. The district attorney's office needs to have one copy send via certified mail with return receipt requested. Once this is in order, the court will inform you by mail when the hearing will take place.
Take your "Order to Clear Record" form with you to the hearing. This is so that the judge can complete the order after your petition has been granted. Also it's advised that you bring to the hearing your proof of mailing the petition to the DA's office, just in case there was any question that the petition was sent.
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