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Texas Criminal Record Expungement - FAQ | TX ExpungementFrequently Asked Questions


The purpose of this page is to help you better understand our Texas criminal record expungement service and expungement in general. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements and specifically your eligibility, please take the free online expungement eligibility test.

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Topic: Texas Criminal Record Expungement - FAQ | TX Expungement
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Jennifer
13th May 2015 2:15pm
I have a felony theft charge from about 10 years ago and wanted to know if that will still come up on my criminal record? I am trying to get a job; that was the first time I got in trouble and the last, haven't got in trouble since.
Admin:
Under federal law, convictions can be reported indefinitely. However, Texas is one of a handful of states that has a limit of 7 years for private background check companies reporting arrests and convictions. Therefore, depending on when your case concluded, it may not show up; however, that prohibition does not apply for jobs that will pay or reasonably may pay more than $75,000 annually.  Because of the federal law that permits disclosure and the exception for higher paying jobs, it is very possible a conviction will show up on the report despite how much time has passed; but it will depend on the employer, the job, and the type background check they run.
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BD
6th February 2015 8:00pm
Live in CA got ticket in TX.. Can i stil get it expunged?
Admin:
You must look at the laws that govern expungement or sealing in the state where the offense occurred.  Please take the eligibility test and choose Texas as the state.
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George A.
5th February 2015 7:31pm
How can I get a copy of my expungement? It was in the late 90's when I cleared my record. Thank you.
Admin:
You will have to contact the court that handled your case/expungement to inquire about obtaining a copy of the expungement order. Obtaining those records can sometimes be very difficult and require submitting a motion to the court requesting access to the file (if it is has been retained at all).  Once a case is expunged it is no longer available to be inspected by the general public, but assuming the records are maintained somewhere, you as the subject should be granted access it just may take some time and a court order.
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Ricardo Guajardo
5th February 2015 9:58am
Is a judicial clemency the same as a pardon?
Admin:
In Texas, \"Judicial Clemency\" refers to what is commonly known as a set aside, when the conviction is set aside and the case dismissed.  While the word \"clemency\" is very often used to describe a pardon, a pardon is granted by the governor.  The term \"clemency\" alone can include all forms of pardons that one can apply for through the Board of Pardons and Parole, but \"Judicial Clemency\" is an entirely different thing and refers to a set aside which is granted by the judge.  Please see our page on Texas Set Asides for more information, unfortunately we do not offer pardons in Texas and cannot provide any additional information on them or the process.
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Steve Elliot
4th November 2014 11:07pm
I have a possession of meth charge from back in 1984 that was "set aside" by the judge at that time. In 2012 I got an Order of Nondisclosure regarding this case. Now when I get stopped for traffic stops the police detain me for 2-3 hours searching the car or calling for a drug dog to sniff my car. The record that the police see on their computer is in detail and they usually do not read further down into the record that this case was 'set aside' and then SEALED. Is it possible to approach the court to amend the police/law enforcement records to show at the top of this record that this case was 'set aside' in 1984 and Sealed in 2013, thus hoping to avoid long delays if I am stopped again for traffic violations? Thank you for your response.
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Mathew Higbee
18th January 2015 1:38pm
Wow, getting harassed for an offense from 1984, there are some bad eggs in Texas law enforcement. Sorry to hear about that situation. I am not sure what kind of court order would be fashioned to solve that problem. Expungement would help, but that case is not eligible for expungement.
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a1isondre
9th October 2014 10:42pm
I have a family violence conviction in Texas. It is a Class A misdemeanor. I am going back to school and I want to study pharmacy science, but I can't find out if this conviction will prevent me from getting licensed as a pharmacist. If it will be a problem, is there anything I can do about my record? I am a female and the offense was against my boyfriend at the time. The offense is over five years old.
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Mathew Higbee
18th January 2015 1:40pm
A misdemeanor offense should not prevent you from being licensed. It may make it difficult to find employment. Until Texas changes the law, convictions are not eligible for expungement. However, by the time you complete school and are looking for work, the offense will be so old that many employers will not care.
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texasam1234
22nd September 2014 4:41pm
I was indicted for "retaliation". A month later the case was dismissed after evidence was provided to the prosecutor that my actions were justified. This was not a case of threatening a witness. It involved requests from employees who wanted to be transferred from under the supervision of a supervisor who was a witness in another criminal investigation. I granted the requests at the recommendation of Human resources and legal. Subsequently, I was indicted for the retaliation. Five years later I had my record expunged. I recently applied for a state job and the application required me to reveal any arrests. Is this required if my record was expunged? I feel that it may cost me my ability to be hired.
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Dan R
8th October 2014 4:20am
You do not have to reveal it at all. The whole point of expunging an arrest is that the records are destroyed and it is as if it never happened. You can legally deny it so don\'t reveal it to anyone.
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Izzy
20th July 2014 5:33am
I have a case that was dismissed and NFOG (not finding of guilty). Do I have to get an expungment? If not, how long is the estimated time before it's off my record?
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MathewHigbee
20th July 2014 5:43am
Assuming that this is an adult case in the Texas state system, the arrest and related records will remain a part of your record until they are expunged.
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ebony
16th July 2014 3:05pm
How can I get a terroristic charge, which I already served time for, off of my record?
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MathewHigbee
16th July 2014 8:27pm
The only option to clear a record in Texas for those who did prison time for the offense is to receive a pardon. If a pardon is granted, the record can then be expunged by the court. This site has outstanding information about pardons in all 50 states: http://www.pardon411.com

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