Expunctions in Texas
Posted on Jun 7, 2010 8:58pm PDT
In Texas , the right to expunction is a statutory privilege. The statututory right gives people the opportunity to have all records of an arrest expunged provided certain requirements are met. under Tex.Code Crim.Proc.Ann. art. 55.01.
This is a exclusive right in that all provisions in a statutory cause of action are mandatory and all conditions must be met before a person is entitled to expunction. Generally, a statutory expunction proceeding is civil case filed in state district court. The filing petitioner bears the burden of proving compliance with the statute.
Article 55.01 provides, in pertinent part:
(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(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.Tex.Code Crim.Proc.Ann. art. 55.01(a)(2).
Contact a Texas expunction attorney today to have your criminal record deleted.