How to Expunge a Misdemeanor in Texas without a Lawyer
In Texas, a person who has been convicted of a misdemeanor can have the conviction expunged from their criminal record, making it easier to obtain certain licenses, jobs, or educational opportunities. However, the process of expunging a misdemeanor conviction without the help of a lawyer can be complex and requires careful attention to detail.
What is Expunction?
Expunction, also known as expungement, is the legal process of sealing or destroying certain criminal records, making it impossible for the public to access them. In Texas, a person who has been convicted of a misdemeanor can have the conviction expunged if they have not been convicted of another crime within the past five years.
Eligibility Requirements
To be eligible for expunction in Texas, a person must:
• Meet the statutory time period: The conviction must be at least two years old, unless it was a Class C misdemeanor, which can be expunged immediately.
• Not have been convicted of another crime: The person must not have been convicted of another crime within the past five years.
• Not have been granted deferred adjudication: Deferred adjudication is a form of probation where the defendant is not convicted, but must complete certain conditions.
The Expunction Process
The expunction process involves several steps:
Contents
Step 1: Gather Required Documents
To expunge a misdemeanor conviction, a person must gather several documents, including:
- A copy of the police report
- A copy of the complaint
- A copy of the plea bargain or agreement
- A copy of the sentence
- A copy of the conviction
Step 2: File a Petition for Expunction
The person must then file a petition for expunction with the court that convicted them. The petition must include:
- The grounds for expunction: The petition must specify the grounds for expunction, such as the passage of time or the defendant’s completion of deferred adjudication.
- A sworn statement: The petition must include a sworn statement from the defendant attesting to the accuracy of the information contained in the petition.
- Supporting documentation: The petition must include supporting documentation, such as the required documents gathered in Step 1.
Step 3: Serve the County Attorney and Sheriff
The person must then serve the county attorney and sheriff with the petition for expunction. The county attorney and sheriff must be served within the required time period, which varies by county.
Step 4: Attend the Hearing
After the petition has been served, a hearing will be set. At the hearing, the person must present evidence and argument to support their claim for expunction.
Step 5: Receive the Order
If the court grants the petition, an order of expunction will be issued. The order will specify that all records related to the conviction be sealed or destroyed.
Filing Fees and Costs
The filing fees for an expunction in Texas vary by county, but are typically around $300-$500. Additional costs may include the cost of serving the county attorney and sheriff, as well as the cost of any necessary expert witnesses.
Conclusion
Expunging a misdemeanor conviction in Texas without a lawyer can be a complex and time-consuming process. However, with careful attention to detail and a thorough understanding of the law, it is possible to successfully expunge a conviction. By following the steps outlined in this article, a person can increase their chances of successfully expunging their misdemeanor conviction and clearing their criminal record.
Important Note
It is highly recommended that a person seeking to expunge a misdemeanor conviction in Texas consult with a lawyer. A lawyer can provide valuable guidance and support throughout the process, helping to ensure a successful outcome.
Table: Eligibility Requirements
Characteristic | Requirement |
---|---|
Time Period | The conviction must be at least two years old, unless it was a Class C misdemeanor, which can be expunged immediately |
Convictions | The person must not have been convicted of another crime within the past five years |
Deferred Adjudication | The person must not have been granted deferred adjudication |
Table: Expunction Process Steps
Step | Description |
---|---|
Step 1 | Gather required documents |
Step 2 | File a petition for expunction |
Step 3 | Serve the county attorney and sheriff |
Step 4 | Attend the hearing |
Step 5 | Receive the order |