An arrest record can follow a person for years and may cost him or her employment opportunities and financial hardship, even if the person was not convicted or was ultimately pardoned. In certain cases, however, a person can seek an expunction and have all records and files relating to the arrest removed. Expunction is not available in all cases, however, as illustrated in a recent Texas appellate court case, where the court reversed a prior order granting an expunction, on the basis it was improperly granted. If you were previously arrested and would like to seek an expunction you should consult a skilled Texas criminal defense attorney to discuss whether you may be able to request the removal of any records relating to your arrest.
Facts Regarding the Defendant’s Arrest
Reportedly, the defendant was arrested for, and charged with, larceny and theft by check. She pleaded guilty to a reduced charge of issuance of bad checks. She was subsequently convicted and fined and ordered to pay court costs. Almost thirty years later, she filed a petition to expunge her arrest records, stating she was not convicted of an offense relating to her arrest. The Texas Department of Public Safety filed a response stating that the arrest resulted in a final conviction. Following a hearing, the court issued an order granting expunction. The Department of Public Safety appealed.
Grounds for Expunction
Expunction is a right provided for under the Texas Criminal Procedure Code. Under the applicable statute, a person who was arrested for a felony or a misdemeanor is entitled to have the records and files relating to his or her arrest expunged if he or she was tried for the offense for which he or she was arrested and was subsequently acquitted. A person is also entitled to an expunction if he or she was convicted of the offense for which he or she was arrested but was then pardoned. Lastly, a person may seek an expunction if he or she has been released and the charge did not result in a final conviction and is no longer pending.
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