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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a Texas Registered Sex Offender. I am looking to

Customer Question

I am a Texas Registered Sex Offender. I am looking to reopening my case to file for expungement. I am considered a moderate risk level with a Texas Penal Code of 21.11 (a) (1). The TDPS states that my registration is set for Lifetime. Do you think I have a case and what proof would I have to show to expunge my case.
Thank you in advance for your help and guidance.
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

Texas as two versions of sealing records - non-disclosure and expunction.

Non disclosure is when there is no conviction or there was a deferment or diversion, and the records are sealed. Only police and certain government agencies can see them. This is not an option here.

Expunction is the Texas version of expungement. An expunction destroys the records. The problem is, an expunction is available only where there was no conviction, or, if the conviction was overturned. See HERE. Therefore, this is not an option, either.

If you are a registered SO, then you have a conviction. That conviction first has to be overturned. You'd need to file in Court asking for a new trial based on a technical fault, or, newly available evidence. If the Court agrees and the conviction is eventually overturned, than an expunction may be then available.

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Customer: replied 9 months ago.
Thanks for the information. My case was available for expunction at the time of the accusation. But at the time, my parents were divorced and did not speak. If my father would have showed up to that meeting, to testify along with his then wife. Things would be different today. If my case was available for it back then, how can I prove that today. What documents will I need to gather?
Expert:  Ely replied 9 months ago.
I am not sure what you mean that your case was available for expunction at the time of accusation. Well, this is technically true since at the time of the accusation, you did not have a conviction.
Now you do, and the expunction option is no longer available.
If you are saying that your father can provide additional testimony, then his testimony is needed, and this would require a complex filing in court in an attempt for a new trial matter. This is not as simple as filing one or two forms - it is a very complicated process and requires counsel, I am afraid. Specialized counsel, at that - not all attorneys do such nuanced matters.
Thanks again for not shooting the messenger, in advance.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.