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I recently learned that I have a police record in Texas as…

I recently learned that...

I recently learned that I have a police record in Texas as the result of a DWI cojnviction in Bastrop County in 1986. I also learned recently that I could have that expunged for a norminal cost. How do I proceed with that action?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

This happened in Bastrop (Bastrop County) Texas. March 18, 1986.

Lawyer's Assistant: Has anything been filed or reported?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Computer research indicated this would cost $200; is that correct?

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Answered in 1 minute by:
3/14/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,411
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Were you convicted of this offense? If so, did you receive diversion or a deferral with community supervision?

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Customer reply replied 4 months ago
Thanks; I'll wait patiently.

Please tell me what happened with this case because it makes a big difference in the answer.

Were you convicted of this offense? If so, did you receive diversion or a deferral with community supervision?

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I was hoping to hear from you first before typing a full reply, but here's what you need to know.

The state of Texas does not expunge criminal convictions. Period.

They will, however, expunge non-convictions. So if you got a diversion disposition for the DUI and if you got your case dismissed after successfully completing community supervision, that can be expunged from your record.

If you didn't get diversion but you got a deferred adjudication with community supervision and then got your case dismissed, you would not be eligible for an expungement. But you would be able to get an order of non-disclosure.

If you got a conviction and/or regular probation, the offense must remain on your record.

Here's a do-it-yourself expungement file:

https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23459

The filiing fee can vary. Figure $250-$500. The clerk of the court can tell you the cost of it for your jurisdiction.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 4 months ago
I was returning to San Antonio from Bastrop, Texas, Feb. 15, 1986. State police stopped me claiming I had drifted over the highway centerline. The officer smelled alcohol on my breath, then administered the usual tests and perceived that I was intoxicated. I was handcuffed and taken to jail in Bastrop, given a breath-a-lizer test (0.014) and booked into the jail for the night. Next morning I was arraigned and found guilty of DWI, sentenced to two years--probated; served ten months and was released.

Thank you for the details. Unfortunately, however, because of the type of sentence you received, your old record cannot be expunged in the state of Texas. Texas will not erase a conviction from a record unless it has first been pardoned by the governor.

Here are the pardon instructions. If you're successful you can then expunge it using the links I gave you above.

https://www.tdcj.state.tx.us/bpp/forms/FP%20App.pdf

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Thank you for the details. Unfortunately, however, because of the type of sentence you received, your old record cannot be expunged in the state of Texas. Texas will not erase a conviction from a record unless it has first been pardoned by the governor.

Here are the pardon instructions. If you're successful you can then expunge it using the links I gave you above.

https://www.tdcj.state.tx.us/bpp/forms/FP%20App.pdf

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
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