Abilene, TX asked in Criminal Law for Texas

Q: I was on probation and now I want to expunge my record. Is that possible?

I served five years probation in lieu of two years state jail time. I want to expunge my felony off my record as I haven't obtained any other crimes since I was on probation and subsequently released. How would I go about doing that? Every book or article I've read says that I can't ask for expunction because I got community supervision for my crime.

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2 Lawyer Answers

Roy Lee Warren

Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: THANKS FOR YOUR QUESTION. Unfortunately you are correct, once you are on probation you cannot get it expunged. However, all is not lost, you can get your record sealed after 2 years. Also, I am hoping you received differed adjudication probation and successfully completed it? If so you still have gun privileges.

Kiele Linroth Pace

Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Current law does not permit expunction in that situation except if the Governor of Texas grants a pardon. .. and that is a long shot. The Texas Board of Pardons and Paroles has application forms available for download. Applicants who completed Deferred Adjudication must submit a different form than those who were convicted and served straight probation.

If it was Deferred Adjudication on a felony, it may be possible to obtain an order of nondisclosure five years [see: 411.0725(e)(3) Government Code] after successful completion and termination. Eligibility for nondisclosure is forfeited if you were convicted of any offense other than a moving violation either during the 5 years of supervision or during the 5 year waiting period.

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