How to filea petition for expungement?

UPDATED: Sep 10, 2011

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How to filea petition for expungement?

When I was 20, 6 years ago, I was arrested for a DUI. I was not intoxicated and the case was dismissed. The arrest occurred in TX. I am past the 2 year SOL, and I am eligible for an expunction for this arrest. I do not want to hire a lawyer. I cannot afford one and I would truly appreciate any clear cut directions on how to file a petition for expungement on my own.

Asked on September 10, 2011 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am assuming from the way that you have phrased this question that you have done your research and know that the offense for which you were convicted allows for expunction.  Ss this answer will focus on the procedural aspects of expungement - the paperwork requirements.   First you need to obtain a copy of your criminal history and the disposition of the case for which you were tried and convicted.  One may be arrested and charged for one crime but convicted of another.  Also remember that arrest records and conviction records are two different things and that both need to be expunged.  Now, Chapter 55 of the Texas Code of Criminal Procedure contains provisions for the tttexpunction of arrest records, court records and criminal history record information. tttThe statute specifically details the requirements and procedures to properly tttexpunge records in Texas.I am going to give you the link to two websites to guide you. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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