Trying to get some advice on expunging my criminal past.

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Trying to get some advice on expunging my criminal past.

I just received an arrest history from a city I grew up in Texas. All seven arrests are over twenty two years old and were advised by an employee from that PD central office to consider having them expunged. Can an individual on limited financial means pursue this on their own or must an attorney be used?If an individual pursues it on their own, where would they start? All I have is the arrest history and the PD states no known records exist for a arrest that old since hard copies were not kept and computers were not in use in the mid to late eighties.

Asked on May 20, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

If you case was dismissed, you can have your record expunged.  Once expunged, the release, dissemination or use of expunged records by any agency is prohibited.  Unless being questioned under oath, you may also deny the occurrence of the arrest and expunction order.

If you received deferred adjudication of a class "C" misdemeanor in Texas and you completed community supervision, you may be eligible to have your conviction "expunged".  The release, dissemination or use of expunged records by any agency is prohibited.  Unless being questioned under oath, you may also deny the occurrence of the arrest and expunction order.

 If you were convicted in Texas and successfully completed probation, you may qualify to have your conviction set aside and to have the case dismissed. The Texas Code of Criminal Procedure gives judges the right to dismiss a case against a convicted defendant who fully completes the terms of his or her probation. 

If you have completed deferred adjudication (as opposed to being convicted) and the statutory waiting period for your offense has passed, you may be eligible for an "Order of Non-Disclosure". This order prohibits the government from disclosing your criminal conviction to the public.  You may then legally and truthfully deny your conviction.

Your juvenile record may be available to law enforcement, educational institutions, licensing agencies, and even employers. Sealing prevents anyone from accessing your juvenile records except in criminal proceedings. You may be eligible for sealing if two years have passed since discharge and you have not committed a felony or a misdemeanor involving moral turpitude since then.

You can file on your own.  The state has forms available but since you are dealing with such old charges you may well want to speak to an attorney about this.  I'm not sure what the charge would be but it would be worth you while to check.

Good luck.


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