Expunging Felony Arrest Records

Last week we examined the expungement of misdemeanor arrest records. Today we'll look at the more difficult case scenario . . . Expunging the felony arrest record.

Regarding felony charges, the Texas Code of Criminal Procedure, art. 55.01 provides that a person who's been arrested (custodial or non-custodial) for the commission of a felony is entitled to have their records and files relating to the arrest expunged if several potential conditions exist:

(1) The person was tried for the felony and was acquitted;

(2) The person was convicted of the felony and subsequently pardoned;

(3) The person was convicted of the felony and subsequently acquitted by the Texas Court of Criminal Appeals; or

(3) An indictment or information charging the person with the commission of a felony was not presented against the person, the statute of limitations period expired before the date on which the expunction was filed, the person was released, the charge did not resulted in a final conviction, the charge is no longer pending, there was no court ordered probation for any offense (other than a Class C misdemeanor), and the person has not been convicted of a felony in the five years preceding the date of the arrest.

If a felony charge was dismissed prior to indictment the arrest record is expungable, provided the statute of limitations has expired. Chapter 12 of the Texas Code of Criminal Procedure establishes the limitations period for felonies and other offenses. The minimum period of limitations for a felony is 3 years. However, depending upon the offense the limitations period can be 5, 10, or 20 years. For offenses like murder and manslaughter, there is no statute of limitations.

However, if a felony charge was indicted, then a person can obtain an expungement of their records only if:

(1) The indictment was dismissed or quashed: and

a. The limitations period expired before the date on which the petition for expunction was filed; or

b. The court finds that the indictment was dismissed or quashed because the presentment was made because of mistake, false information, or other similar reason indicating the absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void: and

(2) The person was released, the charge did not resulted in a final conviction, the charge is no longer pending, there was no court ordered probation for any offense (other than a Class C misdemeanor), and the person has not been convicted of a felony in the five years preceding the date of the arrest.

Next week we'll look at the procedure for expunging criminal records and why the services of a qualified Bryan|College criminal defense lawyer are critical to success.