To be eligible for an expunction, the case must have been dismissed (with no guilty plea, no probation, no deferred) or you must have been found not guilty after a trial. If you received deferred adjudication probation and successfully completed it, you might be eligible to seal your record - it depends on the offense and if eligible, some offenses require a waiting period after the completion of the deferred. Also, it is not guaranteed - the judge in whose court the case was prosecuted makes the decision. If you received deferred, then the wording on the document that is signed by the judge at the completion of the deferred states that the case is "set aside." This is so misleading because people think that it means that the case is over without it being on their record - which is wrong. The case remains on your record indefinitely. There is no procedure called "set aside" in criminal cases.
Answered on Sep 20th, 2011 at 7:55 PM