These answers are meant to provide general information regarding common questions asked to criminal defense lawyers. Nevertheless, every case must be analyzed individually. This information is not a substitute for consulting with an experienced criminal defense lawyer about your case. This information is also not meant to give legal advice, but is meant solely for general informational purposes.

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What is expungement?

Am I eligible for expungement?

When can I seek an expungement?

What are the effects of expungement?

I am eligible for an expungement, how do I get one?

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What is expungement?
A person is entitled to have the records relating to their felony or misdemeanor arrest, indictment and/or conviction expunged if the person has been acquitted through a trial, pardoned by the Governor, or the indictment has been quashed or dismissed. (Those who received deferred adjudication are not eligible for expungement of the charges but may be eligible for an order of nondisclosure). If the court finds that expungement is required, then all the records pertaining to the arrest, indictment, and/or conviction will be destroyed. This process can be extremely attractive to persons facing non-legal impediments due to the arrest, indictment and/or conviction such as employment or financial difficulties.

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Am I eligible for expungement?

1. If you were pardoned by the Governor, then you are eligible.
   
   
2. If you were tried and acquitted and you are not subject to prosecution for at least one other offense during the same criminal episode, then you are eligible.
   
   If neither A or B apply, move on to part C if the offense was a felony or D if the offense was a misdemeanor.
   
   
3. If your charged offense was a felony:
   
   There are some questions that the person should bear in mind. If you have been convicted of a felony in the five years preceding the arrest of the offense you wish to expunge, then you are not eligible. If your offense resulted in any type of court ordered community supervision (including deferred adjudication), then you are not eligible. If your offense resulted in a final conviction or a plea bargain, then you are not eligible. If you were able to answer those questions successfully, move on to the next paragraphs.
   
   x) Assuming nothing above prevents you from being expungement eligible: if the charge against you was not presented to the grand jury or was presented but was "no billed" (meaning the grand jury refused to indict you), and the statute of limitations has expired for the offense you were charged with, then you are eligible. (The statute of limitations is the time period which the State of Texas can bring charges against you for the offense. The time period varies from crime to crime. For instance, basic theft carries a statute of limitations of five years and most sexual assaults carry ten years.) OR
   
   y) Assuming nothing above prevents you from being expungement eligible: if the grand jury did indict you, but the indictment was later dismissed or quashed because "of mistake, false information, or other similar reason indicating absence of probable cause.", and the statute of limitations has expired for the offense you were charged with, then you are eligible. (The statute of limitations is the time period which the State of Texas can bring charges against you for the offense. The time period varies from crime to crime. For instance, basic theft carries a statute of limitations of five years and most sexual assaults carry ten years.)
   
   

   If you are able to meet the criteria of either x) or y), then you are eligible.

4. If your charged offense was a Class A or B Misdemeanor:
   
   If you have been convicted of a felony in the five years preceding the arrest for the charge you wish to expunge, then you are not eligible. If the charge against you was either a Class A or B Misdemeanor and: it resulted in any type of court ordered community supervision (including deferred adjudication), then you are not eligible; or it resulted in a final conviction or a plea bargain, then you are not eligible.
   
   x) Assuming nothing above prevents you from being expungement eligible: if the charge against you was never filed, and the statute of limitations has expired for the offense you were charged with, then you are eligible. (The statute of limitations is the time period which the State of Texas can bring charges against you for the offense. The statute of limitations for misdemeanors is two years.) OR
   
   y) Assuming nothing above prevents you from being expungement eligible: if charges were filed against you, but the charges were later dismissed or quashed because "of mistake, false information, or other similar reason indicating absence of probable cause...", and the statute of limitations has expired for the offense you were charged with, then you are eligible. (The statute of limitations is the time period which the State of Texas can bring charges against you for the offense. The statute of limitations for misdemeanors is two years.)
   
   If you are able to meet the criteria of either x) or y), then you are eligible.
   
   
5. If you were charged offense was a Class C Misdemeanor:
   You are eligible for expungement as long as the statute of limitation has expired. (The statute of limitations is the time period which the State of Texas can bring charges against you for the offense. The statute of limitations for misdemeanors is two years.)

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When can I seek an expungement?
You must wait until the statute of limitations has run on the charge you wish to have expunged. See above.

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What are the effects of expungement?
No law enforcement agent may use or release any of the expunged records. In fact, violation of the expunction order may result in criminal sanctions. Moreover, you may deny the existence of both the arrest and the expunction order and, if questioned under oath, you must only say that the matter in question has been expunged.

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I am eligible for an expungement, how do I get one?
You must petition for an expungement. You may either does this one your own, or you may call Broden & Mickelsen and ask to speak with Adrienne Dunn.

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