Fort Worth, TX asked in Criminal Law for Texas

Q: I was arrested in Texas for a 3rd degree felony. The DA has decided not to prosecute me. How fast can I expunge?

The reason the DA has decided to prosecute me is I am obviously innocent. I have no priors whatsoever.

Related Topics:
1 Lawyer Answer
Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: It depends on which section of the code you are relying on to expunge it. If under CCP 55.01(a)(2)(A)(i)(c), 3 years. If under CCP 55.01(a)(2)(A)(i)(d), immediate. If under 55.01(a)(2)(B) you have to wait for the expiration of the period of limitations. Each one has different requirements, and the last one is more thorough than the first.

For more information, look here

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.