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RobertJDFL, Attorney
Category: Legal
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I have a felony S on my arrest record. What would it take to

Customer Question

I have a felony S on my arrest record. What would it take to expunge?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas--Misapp Fiduc/Fin Instit $1500
JA: Has anything been filed or reported?
Customer: I dont understand
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Good morning, thank you for your patience.

Unfortunately, under Texas law, an expungement would not be possible based on the facts you provided. Eligibility for expungement in Texas is limited to cases in which there is no finding of guilt with an exception for Class C Misdemeanor offenses in which there is a deferred adjudication. That means, if any of the following is true, you may be eligible for expunction:

  • You were arrested but were not subsequently charged with a crime.
  • Your case was dismissed for lack of probable cause, insufficient evidence or unavailable witnesses.
  • The grand jury "no billed" an indictment against you.
  • You were acquitted (found "not guilty") by a judge or jury.
  • You successfully completed deferred adjudication for a Class C misdemeanor.
  • You plead guilty to a Class C misdemeanor alcohol crime such as public intoxication.
  • Your criminal record is the result of identity theft.

If you were convicted, then you are not eligible.

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Expert:  RobertJDFL replied 8 months ago.

If you were offered deferred adjudication and successfully completed all terms, you may be able to seal your record through an Order of Nondisclosure in Texas. If that is not an option, then while it is a long shot, and rarely granted, you may seek a full pardon from the Governor.

A pardon won't seal your record, but it will allow you to tell employers and others who do background checks that you were granted a pardon of your crime. It also restores certain rights that were lost with the conviction, such as the right to vote.