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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2983
Experience:  associate attorney
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I wrote some hot checks in Texas in 1984, it was a felony,

Customer Question

I wrote some hot checks in Texas in 1984, it was a felony, can I get this reduced to a lesser charge to get my rights back. I have a clean record since then. I was put on probation 4 years no prison time.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Expungement laws differ throughout the nation. In Texas, you can have a felony expunged from your record in the following circumstances:

  • You were arrested but never charged.
  • You were charged, but the case was dismissed for lack of probable cause, insufficient evidence or unavailable witnesses.
  • The grand jury “no-billed” your indictment.
  • You were found not guilty by a judge or jury.
  • You were the victim of identity theft that resulted in a criminal record.

Essentially, you cannot expunge the record of a case in which there was a finding of guilt. The only exception is for Class C misdemeanors in which there was deferred adjudication. Unfortunately, you cannot get this charge reduced so far after the fact even though you have had a clean record since.

Chapter 55 of the Texas Code of Criminal Procedure contains provisions for the expunction of arrest records, court records and criminal history record information. The statute specifically details the requirements and procedures to properly expunge records in Texas.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?