How do i go about getting a crime i did not comitt exponged from my record. I have tangable proof i was set up.

My court appointed attorney told me i could-not plead not-guilty against the state of texas. I have solid proof i was set up by my x-husband and how he was able to do it. I was taken from my children and endured severe medical problems while imprisoned, such as losing patches of hair and bad exema which i've never had in my life, or since ive been out. Now i am being sued by the state of texas for the money back. what can i do. go to the state representitive or any advice would be a great big help.
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Answers (3)

Paul Holt Walcutt

Paul Holt Walcutt

Contributor Level 7
If you are convicted of a crime, you are never eligible to get the records of that arrest and conviction expunged from your record. Since you have been found guilty, the only chance you would have would be to file a post-conviction writ of habeas corpus challenging the basis of your conviction (then get a new trial, then be found not guilty or have the case dismissed, and then you would be eligible to have the records expunged - maybe). The biggest problem I see for you is that it sounds like a lot of time has transpired between the conviction and now.

If you want to pursue this course, you need to contact a local attorney who handles appeals and post-conviction relief.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
I agree with the assessments of Mr Walcutt, who has provided some sound advice on what your options may be. If he is anywhere near you, I would suggest calling him for a consultation. If not, follow up on his suggestion of having a direct consultation with a TX lawyer as soon as possible as strict time limits apply to certain types of post-conviction relief and appeals. Good luck.

DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
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Robert Hampton Tuthill

Robert Hampton Tuthill

Contributor Level 7
I agree with Mr. Walcutt. You cannot obtain an expunction for an offense you plead guilty to. You could try to re-open your case through a writ, as Mr. Walcutt suggested. Just bear in mind that your odds of obtaining any relief will be low and the cost will be high.
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