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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Expunged TABC record from my history. So to expunged the record

Resolved Question:

Expunged TABC record from my history.
So to expunged the record we have to apply in court and court will decide to expunged it or not? Is there any probability that court declines/rejects the application? How much time will the court take to expunged the record from history. And do i need to be in Texas for this process?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

Customer:

Hi

Customer:

If you have the TABC removed, and it was a court conviction also attached, you will need to Petition the Court to have it expunged from the Court's records.

Customer :

hi

Customer:

And to do that you can get the Petition from the Court of Conviction.

Customer:

You will file the Petition and it could take a few months for it to be removed

Customer :

i want to expunged TABC record from my history

Customer:

Ok

Customer :

how to do that

Customer:

I suggest you go to the Court Clerk where the conviction took place and request the Petition

Customer :

i am not in texas right now

Customer:

You will file the Petition with the clerk. And then you have to use a process server or the Sheriff to have the District Attorney served. If you are not in Texas, call the Clerk and ask to have the form mailed to you

Customer:

They can do that. But at some point, you will need to attend a hearing or have a local Texas attorney attend for you on your behalf

Customer:

But you can get the ball rolling by calling and getting the Petition to file. OR

Customer :

ok this happened in Jan 2009

Customer :

and case was closed in Dec 2009

Customer:

You can call the Texas Bar Association for a legal referral service

Customer:

I see

Customer :

I don't know any attorney in texas. Will you do this kind of cases?

Customer:

So it was in 2009 and you were convicted? Correct?

Customer :

yes

Customer :

i did paid some fine and did community service for 24hr

Customer:

Alright. In that case, you must get a Pardon to have the records expunged

Customer :

was in probation for 6 months

Customer:

And I am going to give you that link information here.

Customer :

actually they gave it for 1 year but i completed all my things in 6 months and they closed my case early

Customer:

 


Here is the link

Customer:

You need to get the application and apply for the Pardon. And then Petition the court to have it removed from the court records

Customer:

If you have a conviction, you need the pardon.

Customer:

The Pardon will not guarantee the expungement via the Courts, because they are separate and apart entities

Customer:

But with the Pardon, you are "eligible" to Petition the Court

Customer:

It is not an overnight process and takes a bit of time to get it done. But that is the only way to get it removed.

Customer :

Hey all this is a bit confusing to me. i don't know attorney in texas. Will you do these kind of cases?

Customer:

We are precluded from representing JA/Pearl customers

Customer:

I can give you the information for a Texas Lawyer referral service if you want

Customer:

We can only provide information that is true and correct.

Customer :

that would me helpfull for me

Customer:

Ok

Customer:

Give me a second, please

Customer :

ok

Customer: (NNN) NNN-NNNNor (877) 9TEXBAR (Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m effective Sept. 1, 2010.


If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer by clicking either the GREEN ACCEPT or the SMILEY FACE as that is the only way I get credit for my time and information. Thank you
Customer :

if i expunged this record from my history who can see it?

Customer:

Only the courts, law enforcement in certain situations and the District Attorney in certain situations

Customer:

It will not show on a public Background check

Customer :

what about immigration officer?

Customer :

basically i am in H1b visa and i need to go to India for my visa stamping

Customer :

this record might effect my visa stamping so that is the reason i want i to take it out from my history

Customer:

It may show on an immigration background check. But it is rare. IT will show as "expunged"

Customer:

However, as a misdemeanor, I don't see how it would affect your Visa

Customer :

some of my friends go rejected , they have drunk and driver in there history.

Customer:

DWI is very different

Customer:

You were convicted of selling alcohol to a minor? And got probation?

Customer:

And your probation is all done and no outstanding fines

Customer :

ohh ok

Customer :

yes that's right

Customer :

everything is done

Customer:

So, you can contact the Legal Referral service in Texas about the Pardon and expungment. But I suggest your conviction should not interfer with the Visa

Customer:

However, you can repost that question as an Immigration question in the JA/Pearl Immigration category where an Immigration professional will assist you with certainty.

Customer :

this information is very much helpful for me

Customer:

Goo.

Customer:

Good.

Customer :

thx

Customer:

I provide true and accurate information. Good luck now

Customer:
Customer :

thanks

Expert:  Samuel II replied 4 years ago.

Hi

 

You're welcome

Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi , for how many years DUI and DWI will stay in the history. Is there anyway to take that out from the history?
Expert:  Samuel II replied 4 years ago.
Hi

The record of a dui/dwi cannot be removed from the record. It stays available unless you can get a pardon for it, which is not likely. Then you may be able to get a court to expunge it from the record.

Samuel II and other Criminal Law Specialists are ready to help you