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.
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.
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.
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.