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What does preceding the date of the identified arrest. mean? Before the arrest or after the conviction?

Dallas, TX |

I am filing for expunction for a felony conviction to be removed from my record.

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Attorney answers 4

Posted

Felony convictions can not be expunged.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.

Asker

Posted

according to the form one of the qualifications to apply for it is this statement Petitioner has not been convicted of a felony within the five years preceding the date of the identified arrest. which is from the petition for expucntion

Robert Sterling Guest

Robert Sterling Guest

Posted

That is one of the qualifications for an expunction, but it doesn't change the fact that convictions are not eligible for expunctions. It can't happen.

Bart Charles Craytor

Bart Charles Craytor

Posted

I agree with Mr. Guest

Posted

I believe the aource of that langiage youre talking about is the following: " the person has not been convicted of a felony in the five years preceding the date of the arrest". Just like it says, it means "date of arrest". But, you dont need to worry about that for a couple of reasons. First and foremost, Mr. Guest is right--you're simply not going to qualify for an expunction if you were convicted. Second, you're looking at an old statute, which has now been taken out of commission--that five year provision no longer applies. Regardless, though, neither the old nor the current version of the statute ever allows for expunction of a conviction except under very certain circumstances (a pardon or reversal on an appeal or writ, none of which I think apply to your situation). If you file an expunction petition that's not based on one of the allowable grounds listed in the statute, you're just going to be wasting a lot of time and the filing fee, which is several hundred dollars.

Posted

Both Mr. Guest and Ms. Foley are correct.

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Asker

Posted

I am a first time offender and have not re-offended since the time of conviction and release; I will continue to search until I find option's for me. I have bee a productive member of society and educated my self, but need assistance in finding employment and will not allow the system to hold my past against me. I've been informed by the department that handle's the exp-unction about how the government doesnt expose the way to get it done for the account that others have abused it.. But im not other's and I know I qualify for a pardon but its so time consuming but if I have to take that route I will.. So if one of you would like to assist me in the pardon process i would be so grateful. if not I will continue to seek help...thanks

Robert Sterling Guest

Robert Sterling Guest

Posted

Whoever you talked to at the "department" that said get a felony conviction expunged is an idiot. Don't listen to them. You can apply for a pardon in the same way you can buy a lottery ticket and hope to win. The odds aren't great. Our Governor hates criminal defendants, and usually pardons only the most trivial of offenses that are decades old. You may have an option to file a Writ and challenge the original plea. Those are very difficult to win as well. You'd need to speak with a lawyer who handles post conviction matters, appeals etc.

Bart Charles Craytor

Bart Charles Craytor

Posted

Again, I agree with Mr. Guest. Pardon attorneys are extremely expensive and rarely get the pardons they seek. They have to register as lobbyist to work with Pardon and Parole folks. Post conviction relief is a little more effective than pardons, but there must be some huge error in the record, or an actual proving of innocence to get a new trial, and if what you get is a new trial, then it could turn into a more recent conviction. You are in a tough spot, I understand that. But sometimes the time to do something has long past, and can rarely be fixed. I wish you the best of luck and hope that one way or another you are successful in your quest.

Posted

Unfortunately, your felony conviction cannot be expunged.

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