Legal Question in Criminal Law in Texas

Expunge criminal record

Looking for information about expunging a misdemeanor conviction (theft under $5) dating back to 1981 from the records. How do I go about this?


Asked on 11/30/00, 8:59 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Expunge criminal record

You probably don't. Contrary to popular opinion, it is very difficult if not impossible to expunge a prior criminal record. It can sometimes be done with a governor's pardon or a special bill by the legislature, but there is no basic legal right to have a prior conviction removed from one's record.

If you have compelling circumstances you can petition the court of conviction to see if your record can be sealed or removed from the court registry, but that usually does nothing for the arrest record which will remain on the books for all time.

Unless the original conviction provided that it would be expunged upon the occurrence of some event such as the successful completion of probation, your chances are slim.

Good luck.

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Answered on 12/04/00, 7:54 am


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