How do you get records expunged in Texas?

Answer 1

AnswerIf the offense was committed as an adult and constituted a felony then it is a permanent entry on the convicted person's record and can only be removed by a pardon from the governor or in some cases overturned by an appellate court due to a wrongful conviction or other statutory ruling.

The requirements and procedures to expunge criminal records in Texas are set out in Chapter 55 of the Texas Code of Criminal Procedure. You can read the legislation at the FastLaws link below.

Answer 2

There are several ways contact a lawyer or do it yourself for a fraction of the cost. A company that is well known in Texas is Record Zapper. They have all the tools to file this and get your misdemeanor or felony sealed.

Answer 3

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do your own esearch to learn if this applies to your state), you will still remain subject to whatever restrictions your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). FEDERALLY CONVICTED FELONS - CAUTION: Regardless of what rights your state may restore, if you were convicted in FEDERAL COURT of a FEDERAL FELONY - it is a felony crime for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has effectively eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

Answer 4

Generally, you petition for expunction (that's what it's called in Texas) by filing the petition in the court that originally heard the case. There are exceptions, and different courts have different procedures, so this is not the best forum for a step-by-step explanation. But see the first related source below for a good overall explanation from the State Bar of Texas, and the second related source for and inside view from the Department of Public Safety, Criminal Records Service.

For information about individual courts' processes, click the third related source and look for resources in your county that mention "expunction". Many courts have their own petition forms online, and you can find them (again, by county) at the fourth related source.

If the information for your court is not online, contact the court and ask. Court clerks are not permitted to give legal advice, but they can tell you what forms are available. For contact information for all Texas trial courts, use the fifth related source and select your county.

You are much more likely to succeed if you have a lawyer. Use the sixth source to find lawyer referral services in your county.

Answer 5

You must start by petitioning the court which convicted you.

For a detailed analysis and discussion of this subject see the below link: