how to expunge my felony in texas without a lawyer

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.

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How much does it cost to get a felony expunged?

• Not all felony convictions qualify for expungement. ...
• Qualifying felonies typically can be expunged by filing a petition
• Before filing a petition to expunge a felony conviction, many states require that a certain number of years have passed after the conviction and/or discharge from probation.

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How can I remove felony from Texas?

• The statute of Limitations has expired; OR
• You were arrested for a Class C misdemeanor and it has been at least 180 days since the arrest; OR
• You were for a Class A or B misdemeanor and it has been at least one year since the arrest; OR
• You were arrested for a felony and It has been at least three years since the arrest.

Is it possible to remove felony in Texas?

You can get a felony off your record in Texas through expungement, which destroys the record, or through a related process, an order of non-disclosure, that seals the record so that it can no longer be accessed. Both processes are mandated in Chapter 55 of the Texas Code of Criminal Procedure.

What felonies cannot be expunged?

What felonies Cannot be expunged? Score 4.8/5 Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism , and severe injury or death of another person typically are not eligible for expungement.

Can I file for expungement without a lawyer in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

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

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. For any record expungement or expunction, a filing fee of $300 applies and is a required part of the expungement process.

What felonies Cannot be expunged in Texas?

Crimes That Cannot Be Expunged in TexasCapital Murder.Indecency with a Child.Aggravated Kidnapping.Aggravated Sexual Assault.Aggravated Robbery.Sexual Assault.Injury to a Child, Elderly Individual, or Disabled Individual.Criminal Solicitation.More items...•

Do felonies go away after 7 years in Texas?

People often ask me whether a criminal conviction falls off their record after seven years. The answer is no.

How long does a state jail felony stay on your record in Texas?

three yearsFelony, three years from the date of your arrest.

How long is the expungement process in Texas?

four to six weeksIn most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

Who qualifies for expungement in Texas?

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

How can I clear my criminal record in Texas?

Record Clearing and Record Sealing in Texas You need to file a petition for expunction with the court and show the judge why you deserve to have this charge or conviction removed. A non-disclosure order is when you ask the court to “seal” or hide your criminal charge or conviction.

How do you get a charge expunged Texas?

Specifically, you may be able to get misdemeanor or felony records expunged in Texas if:The felony charge was dropped or dismissed without action;You went to trial and were acquitted of the offense;You were convicted of the charge, but later found to be innocent by a court; or.You were pardoned of the offense.

Can a felon get a passport in Texas?

Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.

How far back does a background check go in Texas?

seven yearsWhen it comes to most background checks in Texas, you can expect it to cover the last seven years of your criminal history.

How do you get a pardon in Texas?

To apply:Obtain certified court documents directly through the court your case originally occurred at.Prepare a personal statement.Letters of recommendation.Submit your completed Pardon Application to the Texas Board of Pardons and Parole, General Counsel's Office.

What is an expunction in Texas?

An expunction allows a person to have a fresh start. It was designed for individuals who have been wrongly arrested or charged with a criminal offense. If granted, an expunction allows a person to deny that their arrest ever ...

Can the public access criminal records?

However, the public will not be able to access the information. In effect, this helps many people who, for example, are trying to get a job or an apartment because prospective employers or apartment agencies cannot access the criminal records and thus, will not use the information against you.

Is there a non disclosure process in Texas?

Navigating the expunction/non-disclosure process in Texas can be especially confusing because the law is constantly changing on the issue. If you are trying to understand your options, our Galveston criminal defense attorneys are more than happy to review your case and walk you through the expunction or non-disclosure process. We will let you know if you are eligible for either of these options – and if so, we will help you take action to get your records erased or sealed.

Can you get a misdemeanor record expunged in Texas?

Specifically, you may be able to get misdemeanor or felony records expunged in Texas if: The felony charge was dropped or dismissed without action; You went to trial and were acquitted of the offense; You were convicted of the charge, but later found to be innocent by a court; or. You were pardoned of the offense.

Can a felony be expunged?

Felony Charges Without a Finding of Guilt Can Often Be Expunged. The ability to have your criminal record expunged is a creation of statute; meaning, a person does not have a constitutional right to have their record expunged.

Can you petition for expungement if charges were dropped?

Please note – if charges were dropped or if the case was never brought forward, you can only petition for an expunction after the statute of limitations or relevant waiting period has expired.

Can a felony make it hard to get a job?

A felony criminal record can make it difficult to get a loan, an apartment, or even a job. Even without a conviction, a past or current felony arrest has the potential and almost certainly will cause serious legal and personal problems. Fortunately, in Texas, there are options available to some that help either erase or seal a person’s criminal record.

How to get a felony arrest expunged in Texas?

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. To obtain specific information about your felony arrest case, you should contact the clerk at the courthouse where your original hearing occurred. You will need to know the name of your arresting agency, the date that you were arrested, the disposition of your hearing, and the date that the disposition was given. Expungement cases are time sensitive and complex. Misfiling court documents or not providing accurate information could result in a failed expungement, so make sure that you are prepared for your felony arrest expungement prior to filing.

What is expungement in Texas?

An expungement in Texas is the process of legally destroying criminal records. If you are considering expunging your felony arrest, it is important to know how to proceed with the expungement process and what options for representation are available to you.

Can a judge expunge a felony arrest?

If a judge grants your felony arrest expungement, the expungement makes it as though the arrest never occurred and you can honestly and legally deny any occurrence of the felony arrest. For information about the definitions for felonies and the conditions associated with various felonies, please view the Texas commission on jail standards guide to classification of offenses.

How does expungement work in Texas?

An expungement (or expunction) is a signed order from a judge that is legally served upon stage agencies throughout Texas that have a copy of your criminal record. An expunction order, usually effective for a single offense, forces state agencies and private companies to destroy records of your arrest, whether they are stored electronically or on hard copy.

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.

How long do felonies 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. There is a common myth that criminal charges are automatically removed after 7 years, however, this is simply not true.

What crimes can be expunged in Texas?

The Texas Code of Criminal Procedure allows for a large number of crimes to be expunged, but your eligibility for expungement is less about the particular crime you were charged with and more about the outcome of your case.

What happens after the expunction order is granted?

Once an expunction order is final, the clerk of the court must send a certified copy of the order to each of the state agencies named in the petition for expunction.

What is the next step to get my record expunged?

The first step is quick and easy. Simply take our free expungement eligibility test or call us to find out if you are eligible for expunction. It only takes two minutes.

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.

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

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 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. During the hearing, the court may grant the expungement, but the decision may not be registered for up to six months later.

Can You Expunge a Felony in Texas?

A felony in Texas can negatively affect your life. This is true especially in Texas where the Texas Department of Public Safety makes it a snap for anyone to find criminal records. There are solutions, but the expungement process is very difficult in Texas.

Can You Seal Your Criminal Record in Texas?

Sealing records in Texas is different from expunging your records. Expunction requires your criminal records to be physically destroyed. Non-disclosure or sealing orders do not destroy any of your records. Sealing does restrict who can look at your criminal information.

Can You Apply for a Pardon in Texas?

A pardon is forgiveness for a crime without clearing your record. You can apply for a pardon if you feel your sentence was too hash or you did not deserve the punishment given.

Other Helpful Resources for Felons in Texas

After researching to assist a family member with finding work, Ron realized that the information he required wasn’t reliable.

How we help

This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony.

What are the Requirements for Expungement in Texas?

Although there are a variety of conditions that can be satisfied to be eligible for expungement, for the most part each scenario requires your case to be dismissed or for you to be acquitted by a jury.

How to clear criminal record in Texas?

In Texas, it is legally permitted to clear your criminal record by filing an expunction petition which will remove an offense from your criminal history. If an expunction is granted, state agencies and private companies will be required to remove references to your arrest from their electronic files, and any physical documents containing information about your arrest will also be destroyed.

How long does the process take if I qualify for expungement or record sealing?

To qualify for expungement or record sealing you must file a court petition. Typically, it can take a court at least 30 days to schedule your hearing, and if the court grants an expungement you may wait an additional 180 days for the record to be destroyed.

What is the lowest misdemeanor?

Although there are a variety of conditions that can be satisfied to be eligible for expungement, for the most part each scenario requires your case to be dismissed or for you to be acquitted by a jury. Class C Misdemeanors, the lowest level of misdemeanor which includes offenses such as bail jumping, public intoxication, and criminal trespassing, ...

How long do you have to wait to get your records sealed?

Most misdemeanor charges will be eligible for sealing. There is a five-year waiting period for felonies, and a two-year waiting period for misdemeanors before you can apply to have your records sealed. However, if your punishment only consisted of a fine you do not need to wait to file a petition.

How long do you have to wait to file for expunction?

with a crime, you must abide by the following waiting periods: For Class C Misdemeanors you must wait 180 days from the date of your arrest. For Class A or B Misdemeanors the waiting period is one year from the date of your arrest.

How does a criminal record affect your life?

In Texas, and the U.S. generally, a criminal record can affect the opportunities available to you throughout your life even if you are not convicted of a crime. From low credit scores to trouble finding adequate employment, a criminal history can follow you and affect your reputation within your community for years.

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.

How to prove an expunction in Texas?

When your court date arrives, you will be called upon to prove why you are entitled to an expunction. Most of this information will be stated in your petition, but the judge may and likely will ask questions. There will be other parties present in court, and some of those parties may be present to contest the expunction. So, it is important to be prepared on how to dispute or counter the allegations the other parties may raise to the court. If a judge finds the other side compelling, these issues could affect whether your Texas petition for expunction is granted or denied.

What happens if a judge finds the other side compelling?

If a judge finds the other side compelling, these issues could affect whether your Texas petition for expunction is granted or denied.

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 ...

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

For most Texas misdemeanors, you need to file your petition no earlier than two years after discharge. If you were charged with a felony, you may have to wait five years from the disposition date before you can ask the court for a nondisclosure.

How many rules are there for expunging a felony?

There are two basic eligibility rules on expunging a felony.

How long is the waiting period for a Class C misdemeanor?

For the expunction of a Class C misdemeanor, the waiting period is 180 from the arrest.