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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.

Attorney Answers 4

  1. 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.

  2. 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.

  3. Both Mr. Guest and Ms. Foley are correct.

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.

  4. Unfortunately, your felony conviction cannot be expunged.

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