If the district attorneys office declines to prosecute my case, can my criminal history record be expunged?

UPDATED: Jan 25, 2012

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If the district attorneys office declines to prosecute my case, can my criminal history record be expunged?

Charges against me were 1st degree felony fraud. The district attorneys office declined to prosecute. How soon can I clear this arrest off my record? What can I do?

Asked on January 25, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Only a criminal conviction can be exounged in all states in this country. Arrest records cannot be expunged, however, you possibly could file a motion with the court to seal the arrest record that you are writing about. For that, I suggest that you consult with a criminal defense attorney who has filed petitions to seal criminal files before.

In this country, one is presumed innocent until proven guilty of a criminal action. My sentiment is that for background checks on a person, only criminal convictions should show up, not arrests where the charges were dismissed.

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