Texas Expunctions Lawyer & Attorney

If you have been convicted of a crime in Texas, it may not necessarily appear on your permanent record forever. Basically, under certain circumstances, you could ultimately have your record expunged, which means that all records of your arrest and your conviction, if there was one, would be erased and even the physical files attached to your case would be physically destroyed.

In order to fight your way into this solution, you will need the help of a criminal defense attorney, as the process is complicated in nature and requires a high degree of skill and experience. That’s why you should contact the Law Office of Frank A. Perez, P.C. today to schedule a consultation.

Texas Eligibility and Requirements for Expunction

The main question regarding this issue involves eligibility. Basically, the defendant must be able to show a set of requirements or conditions that have been met before expunction can even be considered a possibility. In short, ‘something’ must have happened during the course of your prosecution that would make expunction an option, and the purpose of an expunction if you were not convicted would be to wipe your arrest off of your record.

As alluded to above, one of the first situations in which an expunction would be possible occurs when the defendant has been found not guilty or the case was dismissed. This would allow for a motion for expunction in order to have all of the arrest records removed from your record, but this must be ordered by a judge.

Below is the language laid out by the Texas statutes that describes the requirements for expunction eligibility:

1. The person is tried for the offense for which the person was arrested and is:
   • (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or
   • (B) convicted and subsequently pardoned; or
2. Each of the following conditions exist:
• (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:
• (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or
• (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;
• (B) 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 Article
  42.12 for any offense other than a Class C misdemeanor; and
• (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

Your Next Step: Contact a Texas Expunctions Lawyer - Attorney Today.

As you see, seeking and successfully obtaining an expunction is a complicated legal matter. If you would like to explore this possibility, contact the Law Office of Frank A. Perez, P.C. today to get this process started.

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