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Silly question but just curious - Does the state governor have the ability to expunge my record or at least seal it?

Dallas, TX |

Texas - Gregg County
Arrested for Possession of a Controlled Substance (Felony)
Placed on Differed Adjudication Community Supervision for 2 years.
Completed all requirements, payed fines and took required classes.
Order of Events now reflects "Order Terminating Probation".

I know there is a statute of limitations or waiting period of 5 years to have my record sealed but what if I were to write governor Rick Perry?
What are the chances that he could or would have my record cleared before the 5 year wait, given the circumstances?
I am a college student, trying to get my foot in the door at a handful of great companies. I just need that record gone.

Attorney Answers 6


  1. The governor has the power to grant a pardon, not an expungement. An order of expungement or to seal is in the jurisdiction of the courts. Contact a TX criminal defense lawyer to see what, if any options are available under TX state law.

    Texas Board of Pardons and Paroles Home Page
    www.tdcj.state.tx.us/bpp/index.htm

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  2. The governor does not have the authority to do this. All he could do is grant a pardon, which is extremely unlikely at this point.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  3. I can't answer your question about Texas but at least I can tell you that it is not a silly question. The Governor of Illinois has the power to grant a pardon including an order for expungement. The power is rarely exercised, but it does exist. What the powers of the Governor are in Texas I do not know. That sort of thing varies widely from state to state.


  4. Not a silly question. Easy answer. Answer is "no".

    Expunctions and orders of non disclosure are handled through court cases that the defendant files asking for relief.

    I will leave whether you qualify for that sort of relief to a colleague.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  5. No, the Governor does not have the authority to expunge your record. He has the authority to grant you a pardon. However, the chance of this happening are slim to none. You would need the recommendation of two thirds of the trial officials. IE the Judge, the prosecutor, the chief of police, the sheriff. If you were able to obtain the recommendation of the trial officials then you would need to apply for the pardon through the state board of pardon and paroles. They then would either recommend or not recommend a pardon to the governors office. Even if they recommend it, it would still be very doubtful that the Governor would grant the pardon. Hope this helps.


  6. Texas-- Expunctions, Pardons, and Petitions for Non-Disclosure are three ways that a record can be either "sealed" or "erased" from your record. Expunctions are for dismissals and acquittals. Therefore, if your case is dismissed or you are found not guilty by a jury, then you may hire a lawyer and apply for Expunction. However, Texas has a 2 year waiting period after disposal of your case before you may apply for Expunction. If you are placed on deferred adjudication and the probation is successfully completed, then you can hire a lawyer and request to have your record sealed (via Petition and Order of Non-Disclosure). However, there is still a waiting period for Non-Disclosure and your lawyer can tell you how long that waiting period is for felonies/misdemeanors. If you receive a straight probation or are convicted, then you can apply for a Pardon from the Governor of Texas. Texas does grant Pardons after conviction and completion of a deferred probation. However, the chances for Pardon being granted are very slim. See the Texas Board of Pardons and Paroles website for Clemency/Pardon information.

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