Cedar Hill, TX asked in Criminal Law for Texas

Q: Can a third degree felony be esponge : injury of child

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: I assume you are asking about "expunctions" of arrest, court and criminal history records. TX. Crim. Pro. Art. 55.01 was recently amended by the Texas Legislature and these amendments take effect on September 1, 2011. As amended, the Act applies to an expunction of arrest records and files for any criminal offense that occurred before, on, or after September 1, 2011.

In general, (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:(1) the person is tried for the offense for which the person was arrested and is: (A) acquitted by the trial court, except as provided by Subsection (c) or (B) convicted and subsequently pardoned; or

(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Article 42.12 for the offense, unless the offense is a Class C misdemeanor, provided that certain conditions are met.

The Texas Department of Public Safety may oppose a Petition for Expunction. See - http://www.txdps.state.tx.us/administration/crime_records/pages/juvenile...

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