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.
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.
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