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Clear or expunge my criminal record in Texas

Austin, TX |

I was convicted of public intoxication in Austin Texas 3 1/2 years ago (sec. 49.02). I paid the fine. I have no other criminal record. I live California now and the conviction turns up in background checks. Can I have this cleared or expunged. Can a lawyer do this for me without me appearing in Texas? Thanks.

Attorney Answers 5


  1. if you were convicted it cannot be expunged.


  2. It is true that if you are convicted, a case cannot be expunged. Any possibility to get it off your record may depend on how you pled and the circumstances at the time. If you didn't understand the consequences or what you were pleading to, an attorney may be able to file a writ of habeas corpus to have the case re-opened. You should contact an Austin attorney that is familiar with the court to help you determine if you have any options. You may not need to appear in person for this.

    The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice.


  3. If you pled guilty there is really nothing yo ucan do. Once a conviction is entered it is permanent. If you got a deferred prosecution then that changes matters and you can get it sealed.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.


  4. It would be important to know whether you actually paid a fine, or a special assessment.
    Do you recall, were you in jail, and the magistrate or municipal judge came to the tank and asked if you wanted a trial or wanted to get out of jail?
    Do you recall if you posted a bond?

    If you don't recall then give attorney Swain in Austin a call. He will have access to the city background to see what your actual disposition was on this charge.


  5. Ms. Sullivan has the most complete answer. Typically, a class C under the penal code can be expunged with a deferred adjudication. Your case is different, you have a conviction. Follow what Ms. Sullivan says, I think that is your only chance.

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