Legal Question in Criminal Law in Texas

my question

what is it called when you want to erase your felony record from years back(1982). i need to know what form, and any other information you can give. i have no money, but i am in school to be a nurse and i need a clean record. the offense was about a vibrator sold to a undercover police officer. in the 80's that a gray felon. can you help me.

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Asked on 10/06/04, 3:25 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: my question

The term you are looking for is "expungement" depending on whether the case was dismissed, or not. If it was not dismissed and you served any form of court ordered probation, you are not eligible for expungement. The question then becomes, did you receive a deferred adjudication, if you did then you are eligible in "sealing" the record. Chapter 55 of the Texas Code of Criminal Procedure deals with expungement, and the Texas Government Code deals with sealing the record. However, sealing the record may not be good enough for the Texas State Licensing Commission for Nurses, so you better check with them. Also check your local county law library for forms, the expungement is an actual lawsuit that gets quite expensive just in filing fees, while the sealing of the record is a petition to the original court where the offense was handled. Additionally, I have answered several other peoples' questions regarding this same issue, you may want to check my past responses for answers. Good luck in any case.

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Answered on 10/06/04, 3:51 pm


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