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Ways to Expunge Your Felony in Texas – 2020 Guide

You can delete a felony case in Texas by deleting or destroying the record. It can no longer be accessed through an undisclosed order through the relevant process after it is sealed by the court. 

Chapter 55 of the Texas Criminal Procedure Code provides for these two procedures. Normally, there is a three-year waiting period in Texas before you can apply for removal. It only applies to arrests that have never been charged. Recordpurge.com can help you throughout the process.

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What Is Expunction?

Appearance in court is a procedure available to criminal defendants in Texas. Here, the criminal defendant submitted a special document known as “petition” to the appropriate court in Texas.  It requires the judge to agree to destroy all documents related to the arrest and prosecution by the law enforcement agency involved. 

Fees may be charged per Texas law. A successful prosecution can include court orders and instructions to these law enforcement agencies to destroy their documents. It includes everything from initial police reports and prison records to prosecution reports and trial court documents. 

The Consequences of a Felony Record

A felony is a serious crime, such as robbery, rape, and severe assault, causing serious personal injury. Even if you have not been convicted in Texas, you can still have a felony record-once charged. Once the felony is recorded it continues. Having a felony record can be difficult to do what most people take for granted: rent a house, mortgage, join the army, or find a job.

It can also prevent you from adopting a child or obtaining custody of the child in the event of a divorce and may even trigger deportation procedures. The consequences are so serious that the process of felony review is worth pursuing.

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Expunging or Sealing Your Record

Suppose you meet the specific legal provisions of the Criminal Code. In that case, you can successfully file a complaint with the Texas Criminal Court to delete or stamp your felony record. After the record is deleted or sealed through a private order, all your rights will be restored. For instance, if you are questioned whether you have a felony conviction, you can lawfully respond, “No.”

For all practical purposes, there seems to be no felony charge. In Texas, clearing and sealing records have similar processes and benefits. The major difference is that the record is destroyed by one procedure.

In contrast, the other process makes it impossible for anyone except some government officials to view the record. In relatively rare cases, the sealed record can only be opened by a petition. The eligibility requirements for sealing records are not as strict as those for deleting records, which gives the judge more leeway in hearing your petition. 

Therefore, some lawyers suggested that the petitioner applies for both procedures at the same time. If the judge cannot abolish, he may still be able to stamp.

Not Every Felony is Eligible

The following are the two most common factors that make you eligible to participate in either process:

  • You have been detained for a crime/felony but never charged. 
  • Your crime/felony charge has been rejected.

In the first case, you must wait three years after the date of arrest before you can apply for the deletion of your criminal record. Suppose you have been pardoned for a crime by the President of the United States or the Governor of Texas. 

In that case, you are also eligible, but the truth is that such pardons are rare. In his first year in office, Texas Governor Abbott issued only four pardons, but none had serious crimes.

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How Long Will the Process Take?

Assuming your petition is valid and eligible for removal, the court will plan to arrange a hearing within 30 days. If the judge orders it to be deleted, the court may take up to six months to record the judgment. 

In other words, you should expect that the entire process will take seven or eight months. After that, the arrest or charge of a felony will no longer be visible to the public.

Clearing A Criminal History

Consequently, clearing up a criminal history in Texas is legally allowed and is easier than many might think. Many people qualify for the ‘strike out’ of their Texas criminal records. Others can free their future from a past criminal record by filing a “Confidentiality Petition” with their local Texas court.

The ability to clear criminal records or grant nondisclosure (sealed records) requirements to the court is essential to protect future employment goals, scholarships, military development, admissions to certain organizations and universities, and more. 

The opportunity to cover up past criminal history provides many people with a valuable second opportunity.

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Petition for Nondisclosure

In Texas, a criminal defendant can also make a formal request to a criminal court judge, called a “secrecy requirement”. It provides protection similar to that of immunity but does not involve the destruction of documents. 

After approving the confidentiality requirement, a court order instructs the relevant law enforcement agencies. Which is: not to disclose the relevant criminal record involving the person’s arrest, prosecution, and probation to any third party. 

These records will not be destroyed undisclosed, like destroying records.

Crimes That Cannot Be Expunged

  • Manslaughter
  • Murder
  • Capital Murder
  • Violation of a Protective Order
  • Rape
  • Aggravated Kidnapping
  • Stalking
  • Pedophilia
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Misdemeanors

If you have a misdemeanor in your Texas criminal record, you may be able to seal it. Like burglary or theft. If your misdemeanor case is not on this list, you can seal it immediately after completing the probation. You must be on probation for at least two years before the crime can be sealed. 

Conclusion

Anyone who wants to request that their criminal record be deleted or stamped can use the form in Texas. These forms can be found online. 

Though this e-filing system created havoc recently. Purchasing these forms will not establish a lawyer-client relationship in any way.

About Ronald Ford

Ronald Ford

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