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Clemency does not equal expungement?

Plano, TX |

I was charged with POSS CS PG 1 <1G and completed deferred adjudication in June of 2007. I am sure that it is too soon for me to request clemency, but I am looking ahead. I read somewhere that if granted a pardon that the arrest and court records would still show up in a background check. Is this correct?

I am not sure why some of the information was deleted. It was for less than 1 gram. I completed 2 years of deferred adjudication in 2007.

Attorney Answers 3


  1. That is correct. It's a two-step process. First, you have to obtain a pardon, and then you can apply for an expunction. A pardon is not a judicial proceeding--it's an executive action taken by the Governor, who can't personally do anything about the actual criminal records. If you were to be granted a pardon by the Governor, you would then have to file a court case asking for expunction using the pardon as the qualifying ground.


  2. You say that you were charged. If the case was dismissed, and the statute of limitations has run, you do not need to apply for a pardon; you need only petition the court for expunction. (If you were convicted or got deferred or straight probation, you would have to get clemency before getting an expunction.)

    Cynthia Henley
    713-222-1220


  3. That is correct. If you were granted a pardon, you would still have to expunge the case. If you successfully completed deferred probation, you may be eligible to seal the record from public view--without undertaking the longshot of a pardon. It looks like you will be eligible this June is you have not been arrested for anything else since you were discharged from that probation.

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