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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19771
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My son was arrested and tried for breaking and entering. He

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My son was arrested and tried for breaking and entering. He did his probation and wants to get his record espunged. Is this possiable? He was charged with a level three misdeamenor. If he can get his record cleared, how much would it cost? I'm a member of just answer. My name isXXXXX email address [email protected]
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.
Hello Carol,

Unfortunately unless your son receives a Governor's Pardon he will not be eligible for expungement of his criminal record. That is because criminal convictions versus arrests, cannot be expunged in the State of Texas, absent that Pardon I mentioned. You can see the statute, which is Texas Code of Criminal Procedure Art. 55.01 by going to: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm#55.01

You can find out about the process for a Pardon, by going to: http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html

Please let me know if you have any follow up questions. I would be please to assist you with them.


I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.

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Customer: replied 5 years ago.

Hello.

 

My name isXXXXX My father contacted your office regarding the information above. As I looked over his question, I realized that he placed the incorrect charge in the original question.

 

The charge questioned is for criminal trespass... and not for breaking and entering.

 

1) Would the answer above apply in this case? If not, would a charge of criminal trespass qualify for expungement?

 

2) If the answer does still apply, what would be the necessary steps for us to take to contact the proper authorities to request a pardon in this case? Would this be something that we could do or do we need to involve an attorney?

 

Due to the economic downturn, I returned to school and completed 2 1/2 years of education to become an RN. Now, I am considering pursuing an engineering degree. This information would be helpful in making a decision.

 

Thank you.

 

Sincerely,

Rodney LeBlanc

Expert:  Marsha411JD replied 5 years ago.
Hello Rodney,

No, unfortunately, as I mentioned, no criminal conviction can be expunged in Texas unless it has been pardoned, only arrest records. Please refer to the links that I gave your father both for the confirmation that convictions cannot be expunged in Texas and also for the procedures for a pardon.

If I were you, I would use an attorney to assist you since there are several steps, including the gathering of records and the artful writing of your request for a pardon. There are some criminal defense attorneys who have a practice that includes pardons.


I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.

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