EXPUNCTION

WHY IS AN EXPUNCTION IMPORTANT?

Even if you were never convicted of a crime but you were arrested, or charged with a crime those records will be available until you take action to clear your record. For example, if you were charged with a crime but the charges were dismissed, no-billed by the Grand Jury, or if you were found not guilty by a judge or jury, those records are not automatically erased. If an employer, landlord, educational institution or licensing agency, for example, runs your criminal history those records will still be displayed.

 

ELIGIBILITY FOR EXPUNCTION

 

RIGHT TO AN EXPUNCTION POST-ARREST OR CHARGE
 

  1. The person has been released an the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under CCP ch. 42A for the offense, unless the offense is a Class C misdemeanor, provided that regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person’s arrest or charging the person with the commission of a felony offense arising out of the same transaction for which the person was arrested has not been presented against the person at any time following the arrest, and:

















     

  2. The person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under CCP Chapter 42A for the offense, unless the offense is a Class C misdemeanor, provided that regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person’s arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested if presented at any time following the arrest, was dismissed or quashed, and the court finds that the indictment or information was dismissed or quashed because:


















     

  3. The person has been released and the charge, if any, has not resulted in a conviction and is no longer pending and there was no court ordered community supervision under CCP ch. 42A for the offense, unless the offense is a Class C misdemeanor, provided that prosecution of the person for the offense, for which the person was arrested is no longer possible because the limitations period has expired. CCP art. 55.01(a)(2)(B).
     

  4. The prosecutor recommends the expunction to the court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person in relation to the offense. CCP art. 55.01(b)(2).

 

RIGHT TO AN EXPUNCTION POST-TRIAL
 

  1. The person is tried for the offense for which the person was arrested and is acquitted by the trial court. CCP art. 55.01(a)(1)(A).
     

  2. The person is tried for the offense for which the person was arrested and is convicted and subsequently (a) pardoned for a reason other than that described by paragraph (b); or (b) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person’s actual innocence. CCP art. 55.01(a)(1)(B).
     

  3. The person is: (a) tried for the offense for which the person was arrested; (b) convicted of the offense; and (c) acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals. CCP art. 55.01(b)(1).

 

RIGHT TO EXPUNCTION OF ANOTHER’S RECORDS
 

A person is entitled to obtain the expunction of any information that identifies the person, including the person’s name, address, date of birth, driver’s license number, and Social Security number, contained in records and files relating to the person’s arrest or the arrest of another person if:
 

  1. The expunction of identifying information is sought with respect to the arrest of the person asserting the entitlement and the person was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or
     

  2. The expunction of identifying information is sought with respect to the arrest of a person other than the person asserting the entitlement; and

 

(a) The information identifying the person asserting the entitlement was falsely given by the arrested person as the arrested person’s identifying information without the consent of the person asserting the entitlement; and

(b) The only reason why the identifying information of the person asserting the entitlement is contained in the applicable arrest records is because of the deception of the arrested person.

 

CCP art. 55.01(d)

 

MISDEMEANOR CONVICTION RECORDS

On or after the person’s 17th birthday, a person convicted of no more than 1 offense of (1) a misdemeanor punishable by fine only, while the person was a child, (2) a violation of a penal ordinance of a political subdivision, while the person was a child, or (3) a violation of Pen § 43.261 [electronic transmission of certain visual material depicting minor] may apply for expunction to the justice or municipal court in which the person was convicted, provided:

(a) While the person was a child, the person was not convicted of any other misdemeanor punishable by fine only or any other violation of a penal ordinance of a political subdivision;

(b) The person did not need supervision under Fam § 51.03(b)(6) for an offense under Penal § 43.261; and

(c) The offense was not an offense covered by:

 - AlcoBev ch. 106 [provisions relating to age]; or

 - H&SC ch. 161 [public-health provisions].

 

CCP art. 45.0216

 

CONVICTION OR ARREST OF A MINOR FOR AN OFFENSE UNDER THE ALCOHOLIC BEVERAGE CODE

 

Any person convicted of not more than one violation of the Alcoholic Beverage Code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.

 

Tex. Alco. Bev. Code § 106.12

 

This would apply to many common offenses, including Possession of Alcohol by a Minor, Purchase of Alcohol by a Minor, Attempt to Purchase Alcohol by a Minor, Consumption of a Alcohol by a Minor, Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (§ 106.041), and Misrepresentation of Age by a Minor.

EXPUNCTION UNAVAILABLE

 

  1. A person may not expunge records and files relating to an arrest that occurs pursuant to a warrant issued under CCP 452A.751. CCP art. 55.01(a-1).
     

  2. A justice court or a municipal court of record may not expunge records and files under CCP art. 55.01(b) relating to the arrest of a person for an offense, other than an offense punishable by fine only. CCP art. 55.01(b-1).
     

  3. A court may not order expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court, a court of appeals, or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Pen § 3.01, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. CCP art. 55.01(c).
     

 

EXPUNCTION PROCESS

First, Mrs. Lacayo will prepare a Petition for Expunction. Once the Petition is filed the court will schedule a hearing. Before the date of the hearing, the State may agree to the expunction. If the State agrees to the expunction, Mrs. Lacayo will complete the process by an Agreed Order of Expunction, and you may not have to attend a hearing or make any court appearances at all. If a hearing does take place, Mrs. Lacayo will advocate for your rights and will do everything possible to help you achieve an expunction of your criminal history.

 

EFFECT OF AN EXPUNCTION

Once your record is expunged, the release, maintenance, dissemination or use of the expunged file is prohibited. Additionally, after an expunction you may deny the occurrence of the arrest and the existence of the expunction order (except in certain criminal proceedings).

 

COST OF AN EXPUNCTION

The cost of an expunction typically includes attorney’s fees, plus the filing fee, and the cost of serving the agencies that may have copies of records related to your case. This cost will vary depending on the county where the petition needs to be filed. If you call Mrs. Lacayo she can will tell you exactly how much it will cost to petition for an expunction of your record.

LACAYO
LAW FIRM, PLLC

The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. We invite you to contact the Lacayo Law Firm, PLLC at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.
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212 Stratford St. | Houston, TX 77006 | 713.504.0506

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