In Texas how can you have your criminal record expunged 10 years after a felony conviction?

Answer 1

There is no recourse for having a valid felony conviction removed from the record of an adult offender. An exception might be if the governor of the state were to issue a full pardon to the convicted person based upon evidence that proves said individual was wrongfully convicted. Edit: Not totally true. If you were given deferred probation you are eligible to have your felony removed in just 5 years! The laws changed in 2005. If you went to prison or took regular probation, then the law does not allow for you to get the record expunged. If you were given "deferred prosecution" you would be eligible for expungement as it results in no final conviction upon successful release. If you were given "deferred adjudication," also called "probation' or "community supervision," you are not eligible for expungement as this still results in a final conviction. The only way to have a record expunged is if you were not convicted, had the conviction overturned by the Court of Criminal Appeals, or granted a Governor's pardon. For the actual law, see the Code of Criminal Procedure: http://tlo2.tlc.state.tx.us/statutes/cr.toc.htm

Actually (2) You are eligible for expunction only if you were charged, but not prosecuted, or if you were found not guilty: either at the court of first instance or on appeal. In some cases, Class C misdemeanors (generally traffic tickets) are also eligible for expunction. If you received a pardon from the Governor you are also eligible. An Order of Nondisclosure, on the other hand, can be obtained by those who have undergone a deferred adjudication and who have committed an offense where the law allows deferred adjudication. In addition, they have not received any further conviction beyond a Class C misdemeanor

Both these approaches effectively allow you to have your criminal record sealed from databases, private companies in the general public. Moreover, you are legally entitled to deny that such a record actually exists. In short, it effectively erases your previous record. As a warning, however, the Order of Nondisclosure may be denied if you have received any further charges beyond that of a Class C misdemeanor.