Legal Question in Criminal Law in Texas

Sealing a Criminal Record

I have seen response to ''Expunge a Criminal Record''.

I know that under Texas Article 55.01 there are some allowances for sealing the record.

I have also heard advertisements lately from Houston Lawyer that state under new Texas Law felonies (no less than 10 years old) and misdemeanors (no less than 5 years old may be sealed if the offenses were adjudicated.

I have 2nd degree felony (Arson) 1980 - Adjudicated Probation & Class B Misdemeanor (Possession of Marijuana)1997 - Adjudicated Probation.

Looking at response to ''Expunge a Criminal Record'' I think I may be able to get these charges sealed because of the adjudicated sentences.

But Article 55.01 states a condition that ''no court ordered community supervision [probation] under Article 42.12'' is a condition upon which the record can be sealed.

My questions are:

Can I get these offenses sealed?

If so, do I need a lawyer to get this done, or can I file the necessary paperwork myself?

If I can do it myself, how do I go about doing it?


Asked on 3/30/04, 4:03 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Sealing a Criminal Record

First, any offense where the person received Deferred Adjudication and the Deferred Ajudication ended more than five (5) years ago for a misdemeanor offense and more than ten (10) years ago for a felony offense is eligiblet to be sealed. The new law was passed in the last legislative session and went into effect September 1, 2003. The reason you are having trouble locating the law is because it is not located in the Code of Criminal Procedure, it is in the Government Code.

It is my opinion that you should hire an attorney to file the paperwork.

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Answered on 3/30/04, 4:50 pm


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