Expunging a Conviction in Texas
In Texas, criminal defendants are entitled to have some of their records expunged under very limited circumstances.
Generally, this only applies to arrest records, when the arrest did not lead to a conviction. If you were convicted of a crime, your arrest record may be expunged if you are later pardoned, or your conviction is overturned by the Court of Criminal Appeals.
You may also expunge an arrest record if the charges against you are dismissed before trial, but only if they are dismissed for a lack of probable cause. Generally, this means they must have been filed based on mistake or false information. If the charges are dismissed for insufficient evidence, you are not entitled to have the arrest record expunged.
Once your arrest record has been expunged, the expunged information may not be disclosed or used by anyone, for any reason. Once the arrest is expunged, you can deny the existence of the arrest, except when questioned under oath in a criminal proceeding. Even then, all you are required to say is that the arrest has been expunged, and no more.
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Last Modified: 08-10-2010 04:56 PM PDT
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