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  #1 (permalink)  
Old 08-01-2009, 10:48 PM
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Join Date: Aug 2009
Posts: 2
Felony Help In Texas

I was convicted of felony burglary of a building in 1992 and have nothing else on my record since or before.It was vadalism of a school,no breaking and entering was open and due to the fact we removed some equipment from the band hall and broke it outside it became burglary,i was 19 years old and had a court appointed attourney that told me to plead guilty. This has followed me my entire adult life and kept me from several good jobs....WHAT CAN I DO????? I was given 10 yrs probation along with two other classmates(one of which was deffered$$$) and was released from it eary 3 years later after paying some restitution for the damage that the schools insurance didnt pay.WHAT CAN I DO???Can my right be restored to own a firearm??? I am a single father and cant even protect my child....PLEASE PLEASE HELP!!!!

Last edited by CHAD SLUDA : 08-01-2009 at 10:50 PM.
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  #2 (permalink)  
Old 08-02-2009, 01:41 PM
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Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
The information below is documented from external sources of information (i.e. texas law) and not merely of my own making. Below outlines the conditions under which your record could be expunged.

"A person may petition a court for an order of nondisclosure five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision [Tex. Gov't. Code 411.081(d)(1)(2) ] The order of Non-disclosure would prevent employers from discovering the conviction record since all state agencies would be ordered not to disclose it. "

Quoting Texas Code of Criminal Procedure, Art. 55.01 Right to Expunction

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:


(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.
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  #3 (permalink)  
Old 08-04-2009, 03:25 PM
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Join Date: Apr 2005
Posts: 360
Expungement

I think this article may help you out: Expunging a Conviction in Texas
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