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

Asked over 1 year ago - Dallas, TX

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

Attorney answers (4)

  1. Robert Sterling Guest

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . Felony convictions can not be expunged.

    Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman,... more
  2. M Elizabeth Foley

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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. Bart Charles Craytor

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  4. Behnood Pamenari Salehi

    Contributor Level 7

    2

    Lawyers agree

    Answered . Unfortunately, your felony conviction cannot be expunged.

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