how to expunge felony arrest texas without a lawyer

You have the option to file for an expungement on your own by filing a petition with the courthouse that oversaw your felony arrest hearing, or you can hire an attorney to represent you. If you choose to proceed with the Texas expungement process on your own, make sure that you acquire as much information about your case as possible.

Full Answer

How much does it cost to get a felony expunged?

Expungement is a statutory criminal procedure. To qualify for an expunction of criminal records in Texas, you must meet certain requirements: You must have been arrested or wrongly arrested; The charge you want to erase must have been a misdemeanor or felony; and. You cannot have been convicted or served probation.

How can I remove felony from Texas?

Nov 10, 2017 · Austin Expunction Lawyer. Under Texas Code of Criminal Procedure § 55.01, a person who was placed under a custodial or noncustodial arrest for a felony is entitled to have all records and files relating to the arrest expunged if he or she was: Arrested for a crime but was never charged; Charged with a criminal offense that was ultimately ...

Is it possible to remove felony in Texas?

Dec 09, 2021 · In Texas, the criminal records of a person are kept by the Texas Department of Public Safety. The time is taken for the completion of an expungement petition usually depends on factors like which court, the time of year, and the accessibility of the records. Typically, the period varies from 2 to 4 months. Latest Posts

What felonies cannot be expunged?

HOW TO EXPUNGE YOUR RECORD Process of an expunction: uRequires filing a petition with the appropriate court (court of jurisdiction) in the county where the arresting offense, or alleged offense took place - to have any and all records and files of the offense related to the arrest expunged or destroyed. uTo expunge a record literally means to

Can I file for expungement without a lawyer in Texas?

How do you get a felony off your record in Texas?

How much does it cost to expunge a felony in Texas?

Can a felony be dismissed in Texas?

What felonies Cannot be expunged?

What crimes Cannot be expunged in Texas?

Who qualifies for expungement in Texas?

How do you get felonies expunged?

How long does it take to get a felony expunged?

How do I file for an expungement in Texas?

Can a felony go away?

Can a felon get his gun rights back in Texas?

Can you have a felony in Texas if you have not been convicted?

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, ...

Is sealing a record a felony in Texas?

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.

What is a petition 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.

What are the consequences of a felony in Texas?

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 ...

Can you file a complaint to delete a felony record in Texas?

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.

Can you file a complaint with the Texas Criminal Court?

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.”

Can you clear criminal records in Texas?

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.

Do I Qualify for Record Expunction in Texas?

Many people do not realize they may qualify for expungement as it is not specifically mentioned in the constitution and may not realize they are entitled to it.

How Long Does the Expungement Process Take?

The first step to having your record expunged is to file a petition to get your criminal record expunged and appear in court. Expunction petitions can only be filed after the statute of limitations has expired or after the waiting period has expired. Typically, it takes a month from when you file to when you get your expungement hearing.

Texas Felony Expungement Law

Individuals seek to have a felony expunged in Texas in order to seal or erase their criminal record. This is especially important for those who have been wrongfully arrested or charged with a crime as a felony on your record can make it difficult for you to get a loan, a job, or even rent a home.

How Much Does it Cost to Get a Felony Expunged in Texas?

The cost of expunging a felony is generally higher than that of a misdemeanor. Typically, the cost of expunging a felony will be at least $1,000 but it may reach as high as $2,500. Expunging misdemeanors typically costs $1,000 or less.

How Do You Get a Felony Off Your Record in Texas?

You may have difficulty filing for an expunction if you’re not familiar with how to expunge a felony in Texas. A criminal lawyer can help if you’re unfamiliar with the process. First and foremost, when you commit felony offenses, you are typically required to wait three years before you can file an expunction.

When Expunction is Not an Option, File a Non-Disclosure Petition

With an expunction, a person’s criminal record is erased, and when available, it is the best option. However, it is not the only option. Even if you are not eligible to apply for an expunction, depending on the circumstances of your case, you may be able to petition for an order of nondisclosure of your criminal records.

The Final Words

Having a criminal history can be a heavy burden to lay aside when trying to move on with your life. Everyone deserves a second chance. Anyone with a prior record may have trouble getting a job, obtaining a loan, or even finding a romantic partner. The nondisclosure and expungement laws of Texas give those who qualify a new chance at a fresh start.

What is the law in Texas regarding expungement of a felony?

Under Texas Code of Criminal Procedure § 55.01, a person who was placed under a custodial or noncustodial arrest for a felony is entitled to have all records and files relating to the arrest expunged if he or she was:

Can employers ask if you have a felony?

It is not uncommon for employers to ask applicants whether they have any felony convictions on employment applications . Criminal background checks are incredibly common among employers across the nation, and an individual or company is justified in not hiring people who have previously committed crimes that could impact their business or criminal histories that could pose possible liability risks.

Can a felony be expunged in Texas?

A felony conviction cannot be expunged in Texas unless the case was overturned, the defendant was acquitted by an appellate court, or the defendant was pardoned by the Governor.

Where to expunge a misdemeanor in Texas?

Felony and most misdemeanor expungement are typically filed in Texas district courts. However, class C misdemeanor cases are usually filed in Municipal or Justice courts. These smaller courts typically get to expunction cases much faster than other courts. 2.

What is expungement in Texas?

Expungement is the more commonly used term for a legal process called expunction. An expunction allows a person who had their criminal case dismissed to remove it from public databases of criminal records in Texas. While the concept is simple, the process can be somewhat convoluted and intimidating to those unfamiliar with it – even experienced ...

What is the law in Texas regarding expungement?

The principle behind expungement is basically one of fairness: A person wrongfully arrested for an offense should be allowed to remove all traces of that offense from the State’s records.

Do misdemeanors stay on your record in Texas?

Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.

What is the statute of limitations in Texas?

The statute of limitations is the amount of time the State of Texas has to prosecute the case. The amount of time is different for every case. Injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Penal Code Section 22.04.

How much does an expunction cost in Texas?

For an expunction in Texas, the main costs are filing fees and attorney fees. 1. Filing fees: $300-$465. Filing fees are paid directly to the court and consist of fixed and variable fees. The fixed fee is typically around $300.

Can you get a felony expunged in Texas?

Fortunately, you may have options under the Texas statute on expunction. You may qualify to have your felony expunged under certain circumstances, essentially erasing the arrest and the residual effects of it from your criminal record. Alternatively, you might be eligible to have your criminal record non-disclosed or sealed, ...

Can you expunge a felony?

There are two basic eligibility rules on expunging a felony. Removing a felony from your criminal record is an option only available to certain individuals, so you only qualify for an expunction if: You were arrested, but your case did not result in a conviction.

What happens if you have a felony in Texas?

If you have a felony arrest as part of your criminal record in Texas, it is likely you have already faced significant challenges due to your past. A felony arrest has numerous collateral consequences. For instance:

What is expungement in Texas?

Sometimes referred to as expungement, successfully navigating the expunction process means you get a fresh start after making a past mistake. However, the keys to success are meeting the eligibility requirements, filing the proper forms, and following other statutory and procedural rules established by Texas law.

What is automatic nondisclosure in Texas?

Nondisclosures in Texas can be classified in one of two categories: Automatic Nondisclosure: If you were a first-time offender, arrested for a misdemeanor, and resolved the charges through deferred adjudication, you may be eligible. The key to this automatic nondisclosure is meeting all requirements of your probation and being successful on ...

Can you nondisclose a case in Texas?

Keep in mind that Texas law prohibits a nondisclosure for certain types of crimes. You can never nondisclose a case where the underlying offense required you to register as a sex offender. Other offenses that could make you ineligible include: Various degrees of murder. Aggravated kidnapping.

How long do you have to file a nondisclosure order in Texas?

For most Texas misdemeanors, you need to file your petition no earlier than two years after discharge.

1. What is Expungement? Learn All About Texas Expungement Law Here

To help these folk, we’ve provided lots of information here on the web site that explains what expungement is and how to go about getting a Texas criminal history expunged. To read up on Texas expungement law and how criminal records can get erased or sealed and freed from your future, check out:

2. How to Expunge Your Texas Criminal Record: Free Expungement Forms

In my years representing all sorts of people (young and old, male and female, etc.) who have been accused of committing a crime here in Texas, I have come to understand the complexities of criminal law — not just in the practice of law, but in all the ways that a single criminal case can impact a person and their loved ones.

About Michael Lowe

With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience.