Can a Felony be Expunged in Texas?
In the state of Texas, a felony conviction can have a significant impact on an individual’s life, including their ability to find employment, vote, and even own a firearm. However, in certain circumstances, it may be possible to have a felony conviction expunged, or sealed, from one’s criminal record. In this article, we will explore the possibility of expunging a felony in Texas and provide guidance on the process and eligibility requirements.
Eligibility Requirements
Before we dive into the process of expunging a felony in Texas, it’s essential to understand the eligibility requirements. In Texas, a felony can be expunged if the individual was acquitted, dismissed, or pardoned. Additionally, if the individual was found not guilty by reason of insanity, they may also be eligible for expungement.
Types of Felonies that Can be Expunged
Not all felonies are eligible for expungement in Texas. The following types of felonies are typically eligible for expungement:
• Class C misdemeanors: These are the least severe type of felony and are punishable by a fine only.
• State jail felonies: These are felonies that are punishable by a sentence of up to two years in a state jail facility.
• Third-degree felonies: These are felonies that are punishable by a sentence of up to five years in prison.
Types of Felonies that Cannot be Expunged
On the other hand, the following types of felonies are typically not eligible for expungement in Texas:
• First-degree felonies: These are the most severe type of felony and are punishable by a sentence of up to 99 years or life in prison.
• Second-degree felonies: These are felonies that are punishable by a sentence of up to 20 years in prison.
• Capital felonies: These are felonies that are punishable by death or life in prison without the possibility of parole.
The Expungement Process
If you believe you are eligible for expungement, the process typically involves the following steps:
- Determine Eligibility: Review your criminal record and determine if you are eligible for expungement based on the eligibility requirements outlined above.
- Gather Documents: Gather all relevant documents, including your criminal record, court documents, and any other supporting evidence.
- File a Petition: File a petition with the court in the county where you were convicted, requesting expungement.
- Serve the District Attorney: Serve the district attorney with a copy of the petition and any supporting evidence.
- Wait for a Hearing: Wait for a hearing to be scheduled, which will typically be held in front of a judge.
- Present Evidence: Present evidence to the judge, including any supporting documents and testimony from witnesses.
- Receive a Decision: Receive a decision from the judge, which may be in favor of expungement or against it.
Table: Expungement Process Timeline
| Step | Timeframe |
|---|---|
| Determine Eligibility | 1-2 weeks |
| Gather Documents | 1-2 weeks |
| File a Petition | 1-2 weeks |
| Serve the District Attorney | 1-2 weeks |
| Wait for a Hearing | 2-6 weeks |
| Present Evidence | 1 day |
| Receive a Decision | 1-2 weeks |
Fees and Costs
The expungement process can be costly, with fees ranging from $300 to $1,000 or more, depending on the complexity of the case and the county in which it is filed. Additionally, there may be other costs associated with the process, such as the cost of hiring an attorney.
Conclusion
In conclusion, while a felony conviction can have a significant impact on an individual’s life, it may be possible to have it expunged in Texas under certain circumstances. By understanding the eligibility requirements and the expungement process, individuals can take steps to have their criminal record cleared and move forward with their lives. However, it’s essential to note that the process can be complex and time-consuming, and it’s recommended that individuals seek the advice of an attorney to ensure the best possible outcome.
