How to filea petition for expungement?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
http://www.texaslawhelp.org/TX/index.cfm
http://www.txdps.state.tx.us/administration/crime_records/pages/juvenilecriminalhistoryrecords.htm
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