Dallas, TX asked in Criminal Law for Texas

Q: Am I able to expunge my felony criminal mischief conviction from 2000 (when I was 17) ? That was my 1st and only arrest

I was arrested with 2 other friends from school after a dumb night of breaking windows. Multiple misdemeanor charges from one night were aggregated into a felony. I was originally given probation that I unfortunately was unable to complete after basically becoming homeless at 17 due to a very hostile home environment. I was sentenced to 18 months of which I served every day of, 15 months in a state prison at the age of 18.

This was the first and only thing I have been charged with.

I have since become a member of a fraternal organization who’s main focus is community fund raising and helping those with less.

The branding of being a felon has become more of a burden than I can live with.

Any help would be greatly appreciated.

Thank you

C.

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3 Lawyer Answers
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I am sorry but no, you c/n get a conviction expunged. However you may be able to get your record sealed, especially juvenile records. But even if it is not juvenile charges you may still get the record sealed, depending adequate time has passed and no further infractions. Find a lawyer in the county where you were charged, and good luck to you.

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

A: I copied the following from the Texas State Bar website:

Nondisclosure Orders--

If expunction is not an option due to the nature of the offense, charge or conviction, it may be possible to obtain an Order for Nondisclosure. A nondisclosure order does not completely destroy all record of any offense, but will limit the accessibility of the records. Records subject to a nondisclosure order are removed from public record and cannot be released or accessed by certain private parties. However, the records will remain available to government agencies and will be admissible in certain court actions. Under the Government Code §411.081, a person who has successfully completed deferred adjudication and received a discharge and dismissal of the deferred adjudication may apply for a nondisclosure order.

1 user found this answer helpful

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Under current law, your only path to expunction eligibility requires a pardon from the Governor of Texas. You can download a pardon application form on the website for the Texas Board of Pardons and Paroles.

Nondisclosure after a waiting period might have been an option only if either (1) you successfully completed deferred adjudication probation or (2) your first conviction was a misdemeanor... again this is under CURRENT law.

The reason I am focused on CURRENT law is that the nondisclosure possibility was only created about 20 years ago and the legislature has tweaked that law frequently. Until recently it was reserved for only deferred adjudication... nondisclosure of the first misdemeanor only recently became law. I am not aware of any 2019 law that allows sealing the first FELONY but you should check back in 2021 because the law might have changed.

2 users found this answer helpful

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