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When is a person entitled to an expunction of his or her record

An expunction of a person’s criminal records and files means that all of the records relating to an arrest cannot be released, maintained, disseminated or used for any purpose; that a person may deny the arrest and the existence of the expunction order; and that if questioned under oath in a criminal proceeding, the person may state only that the matter in question has been expunged. Generally, a person who has been arrested for either a felony or a class A or class B misdemeanor is entitled to have all records and files relating to the arrest expunged if:

  1. The person is tried for the offense and is
    1. Found not guilty or
    2. Found guilty and subsequently pardoned; or
  1. The person has been released and the charge has not resulted in a final conviction, and the charge is no longer pending and there was no court-ordered community supervision.

If either of the above conditions is met, the following must also be satisfied

  1. A person charged with a class A or class B misdemeanor must wait one year from the date of the arrest to request an expunction;
  1. A person charged with a felony must wait three years from the date of the arrest to request an expunction; and
  1. Prosecution of the offense is no longer possible because the statute of limitations has run out for that offense.

Generally, a person arrested for a class C misdemeanor is entitled to have all records and files relating to the arrest expunged if:

  1. The person is tried for the offense and is
      1. Found not guilty or
      2. Found guilty and subsequently pardoned; or
    1. The person has been released and the charge has not resulted in a final conviction (meaning the person received deferred adjudication), and the charge is no longer pending.

    If either of the above conditions is met, the following must also be satisfied:

    1. A person charged with a class C misdemeanor must wait 180 days after the date of the arrest to request an expunction.

    If you believe that you may be entitled to an expunction of your criminal records, please do not hesitate to call Bailey and Galyen to assist you.

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