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What is the process of an agreed expungement order

Houston, TX |

expungment process

Attorney Answers 3


I do not have enough information to answer that question. If you qualify, a petition would have to be filed with the Court. It is not difficult, but it does require some knowledge of the process to make sure that it is done correctly.

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Even if agreed, a petition for an expungement must be filed in the District Court. It is civil in nature and can be a complicated process. If not done properly, it is a wasted effort.

Additionally, expungements are only available to those whose charges were dismissed (and the requisite amount of time has passed) or were found not guilty of anything greater than a Class B Misdemeanor. In other situations, an order of Non-Disclosure is necessary.

Good luck

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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In Harris County, the DA's office generally prepares a proposed agreed order and sends it to the petitioner's lawyer along with their answer (or some times shortly thereafter.) They include the parties who were included in the petition (so if some are missing, it is the petitioner's fault.) Generally the ADA has already signed off on the agreed order. Some times, when the petitioner's lawyer has a working relationship with the ADA , the agreed order is forwarded to the next party on the list by the ADA (if it has been approved by petitioner's lawyer.) Anyway, the parties generally continue to receive, review, sign, and forward the proposed order until it is signed by all lawyers for the parties and sent to petitioner's lawyer for filing and presentation to the court.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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