Can You expunge a felony in Texas?

Can You Expunge a Felony in Texas?

In the state of Texas, expungement is a legal process that allows individuals to have their criminal records sealed or destroyed, effectively erasing their criminal history. However, not all criminal records are eligible for expungement, and the process can be complex and time-consuming. In this article, we will explore the answer to the question "Can you expunge a felony in Texas?" and provide a comprehensive guide to the expungement process in Texas.

Can You Expunge a Felony in Texas?

The short answer is no, you cannot expunge a felony in Texas. According to Texas Code of Criminal Procedure Article 55.01, expungement is only available for misdemeanor offenses, not felonies. This means that if you have been convicted of a felony, you will not be able to have your record expunged.

Why Can’t You Expunge a Felony in Texas?

There are several reasons why felony convictions are not eligible for expungement in Texas. One reason is that the Texas Legislature has specifically excluded felony convictions from the expungement statute. Additionally, the Texas Department of Public Safety (DPS) is required to maintain a record of all felony convictions, and expungement would not be possible without violating this requirement.

What is the Difference Between Expungement and Non-Disclosure?

While felony convictions are not eligible for expungement, they may be eligible for non-disclosure. Non-disclosure is a process that allows individuals to have their criminal records sealed, but not destroyed. This means that the record will still be maintained by the court and law enforcement agencies, but it will not be publicly available.

What is the Process for Non-Disclosure in Texas?

The process for non-disclosure in Texas is similar to the expungement process, but with some key differences. To be eligible for non-disclosure, you must meet the following requirements:

• You must have been convicted of a felony and have completed your sentence, including any probation or parole.
• You must not have been convicted of a felony within the past 10 years.
• You must not have been convicted of a felony that is considered a "reportable conviction" under Texas law.

If you meet these requirements, you can file a petition for non-disclosure with the court where you were convicted. The court will then review your petition and make a decision based on the following factors:

• The nature and circumstances of the offense
• Your criminal history
• The likelihood that you will commit another crime

What are the Benefits of Non-Disclosure in Texas?

Non-disclosure can have several benefits for individuals who have been convicted of a felony. Some of the benefits include:

• Employment Opportunities: Non-disclosure can help individuals who have been convicted of a felony to obtain employment or advance in their careers. Many employers conduct background checks, and a non-disclosed record can help individuals to avoid discrimination.
• Housing and Education: Non-disclosure can also help individuals to obtain housing or education opportunities that may be denied to them due to their criminal record.
• Reduced Stigma: Non-disclosure can help to reduce the stigma associated with a felony conviction, allowing individuals to reintegrate into society with greater ease.

What are the Requirements for Non-Disclosure in Texas?

To be eligible for non-disclosure in Texas, you must meet the following requirements:

• Felony Conviction: You must have been convicted of a felony.
• Completed Sentence: You must have completed your sentence, including any probation or parole.
• No New Convictions: You must not have been convicted of a felony within the past 10 years.
• No Reportable Convictions: You must not have been convicted of a felony that is considered a "reportable conviction" under Texas law.

How to File for Non-Disclosure in Texas

To file for non-disclosure in Texas, you will need to follow these steps:

• Gather Required Documents: You will need to gather the following documents:

  • Your conviction record
  • Your sentence and completion documents
  • Any relevant court documents

• Complete the Petition: You will need to complete a petition for non-disclosure, which can be obtained from the court or downloaded from the Texas Court’s website.
• File the Petition: You will need to file the petition with the court where you were convicted.
• Wait for a Decision: The court will review your petition and make a decision based on the factors listed above.

Conclusion

In conclusion, while felony convictions are not eligible for expungement in Texas, they may be eligible for non-disclosure. Non-disclosure is a process that allows individuals to have their criminal records sealed, but not destroyed. To be eligible for non-disclosure, you must meet the requirements listed above and follow the process outlined in this article. By understanding the process and requirements for non-disclosure, individuals who have been convicted of a felony can take steps to reduce the stigma associated with their conviction and improve their chances of obtaining employment, housing, and education opportunities.

Table: Eligibility Requirements for Non-Disclosure in Texas

Bullets: Benefits of Non-Disclosure in Texas

• Employment Opportunities
• Housing and Education
• Reduced Stigma