|
« Expunctions in Texas |
Main
| »
|
 |
|
Expunction of Criminal Record
|
Most mistake the right to expunction as either a common law or a constitutional right; however, netheir one is correct. The legal right to expunction of a criminal record exists as a statutory privilege granted by statute.
For persons with a prior criminal record, filing for an expunction is the only legal procedure in keeping a past criminal record from showing up on credit reports or crimnal background checks.
This is accomplished by filing a civil expunction lawsuit in state district court.
Under article 55.01 of the Texas Code of Criminal Procedure, a person who has
been placed under a custodial or noncustodial arrest for commission of a felony or misdemeanor offense is entitled to have all records and files relating to the arrest expunged if the person meets certain statutory requirements. See Tex. Code Crim. Proc. Ann. art. 55.01(a) (Vernon 2006).
The person filing for the expunction bears the burden of proof that he or she has met all the statutory requirements for expunction of a criminal record. All of the statutory provisions are mandatory and exclusive, and a person is entitled to expunction only when all statutory conditions have been met. See In re Wilson, 932 S.W.2d 263, 266 (Tex. App.-El Paso 1996, no writ).
Contact a Texas expunction attorney today to help you remove past or prior criminal records.
|
|
|
|
|
Posted By Lorenzana Law Firm on
June 07, 2010 09:18 pm |
Permalink
|
|