Legal Question in Criminal Law in Texas

Type your question here.A friend of mine is trying to get his record expunged. I have a few details of what happened, but the majority of it is where the conviction occured. All he told me was he was in a car with his friends. His friends were caught with drugs in the car. They get arrested. The girl was out within a day. It was his first time ever charged with anything. He pled guilty only because he was in jail for three months and I was unable to contact anyone, therefore I was misrepresented with the lawyer the court provided The conviction was in Texas. He was arrested here in florida for failure to appear. He did his probation in Louisiana.
He just finished school with a degree in massage therapy, but is.having difficulty getting his license. Hoe can he go about to get this mess behind him. He was innocent but pled guilty as you see why. It's been almost 10 years now.

Asked on 10/16/11, 11:40 am

2 Answers from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

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One cannot expunge a record unless one is found not guilty or the case is dismissed without probation. If he was able to get deferred adjudication probation and it was completed (doesn't sound like it) then he can petition to seal his record after waiting 5 years after the probation is complete on a felony case. (Even if sealed, a licensing agency such as those who license for massage therapy will be able to find the record.) If the case resulted in a final conviction - jail / prison time - then it will remain on the record permanently.

Answered on 10/16/11, 2:28 pm

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