Texas Expungements Legal Questions

You can obtain a copy of your J&S from the office of the court clerk in the jurisdiction where you were convicted. While you were incarcerated, a copy of your J&S would have been on file with the institution where you were incarcerated and/or the central registry for the appropriate department of corrections, in addition to the original at the court clerk's office. If your case was appealed, the appellate court and your appellate counsel also had a copy.... Read More

You do not qualify for expunction unless the case was dismissed or you were found not guilty after a trial. It is not a good idea to do an expunction on your own if you qualify because it involves filing a lawsuit in civil district court, and all parties have to be included or not all records will be erased.... Read More

Maria, Theft is a crime of moral turpitude, even when it is a class "C" misdemeanor.  It is really critical you get your daughter an attorney.  Under the criminal law she is an adult.  She needs to get deferred disposition if possible.  There are provisions that could allow for expunction in certain circumstances.  There will be court costs, a fine and possibly other conditions such as a "theft class".  If she is convicted, this could be a problem, so please get her a criminal lawyer who works in your area who knows the ramifications of doing your daughter's case correctly.  You will also want to determine if the court is a court of record or should the case be tried to a jury or not.  Hope this helps.... Read More

It likely depends on what degree of felony.  Some states do not allow first or second degree felonies to be expunged.  You should contact an attorney licensed in Texas to inquire further.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Can only answer regarding Texas. In Texas, to get a case expunged, you must have gotten a dismissal or a not guilty after a trial. If you were convicted or even received a deferred, you cannot expunge the matter. If you received deferred and you completed the terms and the deferred was discharged, then 5 years after the discharge, you can petition the court in which you were prosecuted for nondisclosure (sealing) of your record. This would close it to local checks but it would still be available to law enforcement and licensing agencies.... Read More