Expunctions

Effective Expungement Proceeding

Information About Expunctions

A person who has been arrested for the commission of either a felony or a misdemeanor is entitled to have all records and files related to the arrest expunged if, either the person is tried for the offense and acquitted, or he or she is convicted and the conviction is subsequently pardoned, OR

(a) An indictment or information charging the person with the 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 the commission of a felony has been presented, it has been dismissed and either the statute of limitations has expired or, the indictment was dismissed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause to believe that the person committed the offense, and
 
(b) The charge has not resulted in a final conviction and is no longer pending, and there was no court-ordered probation under Article 42.12 of the Code of Criminal Procedure for any offense other than a class C misdemeanor which has been deferred, and

(c) The person has not been convicted of a felony in the five years preceding the date of the arrest.
 
If a person is acquitted on appeal, the court may not order the expunction of records if the offense for which the person was acquitted arose out of a criminal episode, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the same criminal episode.
 
The statute of limitations is two years for a misdemeanor, and from three to ten years for most felonies. There is no limitation on murder, manslaughter, sexual assault, continuous sexual abuse of a child, indecency with a child, or leaving the scene of an accident if the accident resulted in the death of a person.
 
The limitations period may also be extended for certain offenses involving a victim who is younger than 17 years of age at the time that the offense was committed.

An expunction is a separate action filed in the district court. The effect of an expunction would be to clear an arrest and any other record of a criminal offense from your personal history.
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