Legal Question in Criminal Law in Texas

I wanted to know the options I have in order to get rid of my charges


Asked on 8/08/09, 10:11 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Unfortunately the answer to your question is "it depends."

You should know that there are two options. Expunction, which completely removes all records of the charges or an Order of Non Disclosure which removes most records of the charges but not as to records of courts, law enforcement, and certain agencies such as hospitals, fire departments etc. which are specified by law. Most public employment services would not have access to a record of a criminal charge after an order of non disclosure. Orders of Non Disclosure are usually sought after a successfule completion of deferred adjudication probation.

Most defendants want their charge expunged. You are only entilted to an expunction if your charge was dismissed, if you were acquitted at trial, or the Governor pardoned you the conviction..

Hence if you were convicted, you must first be pardoned before you are eligible to expunge your record.

If you successfully compledted defered adjudication, you may be eligible for an order of non disclosure.

Depending upon the charge, a waiting period may apply before you are elible for a motion for non-disclosure. All felonies have a 5 year waiting period which begins to run after the sucessful completion of deferred adjudication.

First if you have a conviction, you cannot get rid of the charges unless that conviction is pardoned.

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Answered on 8/09/09, 3:35 pm


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