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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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I meet the criteria for expunging a five year old arrest record

Customer Question

I meet the criteria for expunging a five year old arrest record in Dallas Texas, but I cannot afford a lawyer. Can I file a motion myself or is there any truth to the rumor that arrests "drop off" one's record after 7 years?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist


Here is the law for TX for expungement


Tex. Code Crim. Proc. art. 55.01 (2007)

Art. 55.01. Right to Expunction

   (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

   (1) the person is tried for the offense for which the person was arrested and is:

      (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

      (B) convicted and subsequently pardoned; or

   (2) each of the following conditions exist:

      (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

        (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

        (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

      (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

      (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

   (1) tried for the offense for which the person was arrested;

   (2) convicted of the offense; and

   (3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

   (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

   (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.



YOu can see the entire section here

http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm#55.01.00





THere is NO automatic drop off

Further, very few people who are convicted actually qualify. Look at para (a)(2) above to see if you qualify.

If yes, you can file yourself. The steps are in the link I post above. Since you are corresponding with the court, you would be well served to at least have a lawyer assist with this...i suspect you can find one who will do this for a reduced rate.



Also, look here to see if you even have a record in TX

https://records.txdps.state.tx.us/DPS_WEB/Portal/index.aspx








Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.











P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26856
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 6 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.

Dear Mr. Simmons: You helped me very much and gave me valuable information that will save me several hundred dollars. I sincerely XXXXX XXXXX could pay you more than the agreed to fee, but I don't have it. I want to clear up this record so that I can find decent work. I appreciate your professionalism and your thoroughness, more than I can express.

Thanks, again! CustomerSmile

Expert:  P. Simmons replied 6 years ago.
Thank you Ma'am and best of luck
Customer: replied 6 years ago.
Is it possible to request Philip Simmons for future answers? He was unbelievably prompt, but I wouldn't mind waiting. I understand that I don't have to pay for answers that are not acceptable, but why take the chance on a frog, when I have found a prince? Customer
Expert:  P. Simmons replied 6 years ago.
Thank you very much for the kind words

I check here daily and if you want you can put my name in the subject and I will get it

Best of luck

Phil

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