Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My son was arrested and tried for breaking and entering. He

Customer Question
did his probation and wants...
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: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 minutes by:
9/2/2011
Criminal Lawyer: Marsha411JD, Lawyer replied 6 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,549
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
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.

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,549
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Marsha411JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 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

Criminal Lawyer: Marsha411JD, Lawyer replied 6 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.

Ask Your Own Criminal Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,549
20,549 Satisfied Customers
Experience: Licensed attorney with 29 yrs. exp. in criminal law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

20,549 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
My criminal case was dismissed without prejudice for
My criminal case was dismissed without prejudice for sexual aggravated assault on a child,case could not be proven beyond a reasonable doubt.can this case be brought back to court and long will it sta… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
If a charge of forgery is expunged, can a charge of fraud be
if a charge of forgery is expunged, can a charge of fraud be used in its place? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can I be prosecuted for exposing my ex's criminal record to
Can I be prosecuted for exposing my ex's criminal record to his HR manager if sent anomously?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In Ohio, how many criminal cases can be expunged/sealed? I
In Ohio, how many criminal cases can be expunged/sealed? I have been told that the answer is 2 -- whether 2 misdemeanors, or 2 felonies, or 1 misdemeanor and 1 felony. (I realize there are some feloni… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a criminal record dating back to 1984 in Maine when I
i have a criminal record dating back to 1984 in Maine when I sold a 1/4gram of powdered cocaine to an undercover police officer I met in a bar in Portland. But since we made the actual transaction in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to find out if my criminal record has been
I would like to find out if my criminal record has been exponged. I want to travel to Canada in august … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Trying to find out if my sons criminal record of two
Trying to find out if my sons criminal record of two felonies will be eligible to be expunged and sealed… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I just found out that my criminal record lists HIGH
I just found out that my criminal record lists HIGH OCCUPANCY VEHICLE LANES - SINGLE OCCUPANT VEHICLE VIOLATION as a MISDEMEANOR. Shouldn't this be listed as a Petty Misdemeanor? … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Location PA: Topic: expunge criminal record Criminal Charges
Location PA :Topic : expunge criminal recordCriminal Charges where made back in 2014 and they where dropped in 2015.How do you get this removed from a criminal background check?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
If you see criminal records on a background check in
If you see criminal records on a background check in California that are not - actually from another county- how does one get these removed- I know I need to call the court but what's involved. And, c… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I know I have no criminal record on my history. I had a
I know I have no criminal record on my history. I had a record review done with the Department of Justice just in case there may be errors. I am confused about how to read it. I do not read that there… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x