Legal Question in Criminal Law in Texas

Re: Expunge Criminal Record

CHAPTER 55, entitled "EXPUNCTION OF CRIMINAL RECORDS" of the Texas Code of Criminal Procedure pertains to the rules for expunction.

Art. 55.01 provides in part the following:

a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest

expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with

commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there

was no court ordered community supervision[probation] under Article 42.12 for

any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

Unfortunately, under the information you have provided thus far, you may not have your records expunged. However, as far the Theft in 1994, you may have it sealed which means that third parties, such as employers and apartment complexes, etc. cannot find it. However, the others appear to be final convictions that were not reduced to Class C misdemeanor and none of which were dismissed.