Texas-Book-Gun Law Armed And Educated - Flipbook - Page 394
can have that conviction expunged from your record. See Tex.
Code Crim. Proc. Art. 55.01(a)(1)(C).
However, not all individuals are entitled to an expunction of their
record. For instance, if a person was acquitted of one offense, but
was convicted or remains subject to prosecution for another offense
relating to or arising out of the charge for which they were acquitted,
that person is not entitled to an expunction of their record. See Tex.
Code Crim. Proc. Art. 55.01(c).
Expunction petitions under Chapter 55 can become adversarial
proceedings involving one or more parties, including the state,
which may object to the court granting an order of expunction.
Under Texas law, prosecutors and law enforcement officers may
object to the expunction of arrest records if the statute of limitations
has not expired for a charge that was previously dismissed and
they plan on re-filing, or if they wish to reserve the right to re-file
charges against that person in the future.
To obtain an expunction, a petitioner is required to file a petition for
expunction in a state civil district court. Even though expunction
proceedings are governed by the Code of Criminal Procedure,
an expunction itself is a civil matter and, therefore, is a matter
addressed by civil courts. Individuals who apply for an expunction
within 30 days of an acquittal are not required to pay the filing
fees associated with the expunction petition. If an individual was
acquitted and files a petition for expunction more than 30 days after
the date of acquittal, the normal fees for filing in the civil district
court will apply. See Tex. Code Crim. Proc. Art. 55.02.
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