What are the steps to expunging a felony?

I have a 3rd degree felony on my record and am wanting to get it expunged. How do I do this?

Austin, TX -

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Attorney Answers (3)

Sarah Vernier Wood

Sarah Vernier Wood

Criminal Defense Attorney - Houston, TX
Answered

You need a lawyer to be sure this is done correctly.

1. Determine if you are eligible. Generally, your record can be expunged if your arrest did not result in either a conviction or probation. So if the charges were dismissed, you were acquitted at trial, you were no-billed by a grand jury, or you pled guilty to a Class C Special Expense, you can likely get it expunged.

2. Determine your waiting period. Unless you were acquitted, you usually must wait until the statute of limitations expires to file for an expunction. The time period usually varies from 3-10 years depending on the charges.

3. Draft and file your petition with the civil district court. It must include the details of your arrest and a list of agencies that possess the records. You will need to pay a filing fee to the district clerk. The agencies will need to be served with copies.

4. Get the judge to sign your order - either by getting the district attorney and the agencies to agree or by having a hearing.

Again, you really need a lawyer for this. Good luck.

Robert Hampton Tuthill

Robert Hampton Tuthill

Criminal Defense Attorney - Houston, TX
Answered

Ms. Wood explained her answer very well and I agree with it 100%.

If your felony did not result in a conviction, and you have no other criminal record, you should be eligible for some type of expunction or non-disclosure. Consult with a local defense attorney to go over your options with you.

Christopher Lee Carlson

Christopher Lee Carlson

Criminal Defense Attorney - Houston, TX
Answered

The key here is whether or not you have a simple arrest for a 3rd degree felony or whether you have a conviction/DADJ. A conviction or a DADJ cannot be expunged where an arrest can be.

Sit down with a lawyer and see what can be done for you.

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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