Texas Setting Aside Of Conviction FAQFrequently Asked Questions

This page was designed to help our clients better understand our Texas Setting Aside of Conviction service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.

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Comments (22)

Topic: Texas Setting Aside of Conviction FAQ
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Amber Simmons
11th October 2016 1:35am
I noticed that in your website's description of a set aside in Texas tates that the records are changed to eliminate any finding of guilt. I also noticed that dismissed cased or cases without finding of guilt are eligible to be expunged. My question is once one receives a set aside, could they later petition the court to have the case expunged or for an order of nondisclosure?
Therese Goodson
7th October 2016 9:27am
I have 4 differnet felonies and I completely 10 years of deferred probation. Whould I have to pay you $2000.00 per charge or does the $2000.00 cover all the chargres?
We charge per case.  You would be eligible for a multi-case discount, assuming that all of the cases were eligible and in counties that where the service is offered.  Not all Texas courts will grant requests to set-aside a conviction.   In fact, fewer and fewere courst are doing it.  We hope that the Texas legislature will revise the law and provide clearer and better options for setting aside convictions and expungement.
Don C.
14th November 2015 6:08pm
I was convicted 1n 1982 of 2 counts "possession of a controlled substance" in Dallas County. After completing 6 years probation the Judge gave me an "Order setting aside Judgment of conviction dismissing the indictment and discharging defendant from probation". It specifically states defendant is released from all penalties and disabilities resulting from the judgment of conviction. I have been able vote and a judge said I could sit on a jury but would not make a opinion on firearm ownership. How do I know if I fill out a background check or apply for a CC permit I am not jeopardizing my freedom. Is it appropriate to answer I have no Felony conviction? Thank you.
Without actually reviewing your court documents and your criminal history, we cannot provide any advice or recommendations on how to fill out a firearm application/form.  As you acknowledge, there are severe penalties for providing inaccurate information on those forms and without reviewing all the facts/information, we cannot advise you on that process.  If you would like to have us formally review your information, please contact our firm.
18th September 2015 6:47am
in 1988 was convicted of a felony in Bexar County TX for possession of amphetamine, and received 4 yr probation. I completed probation, paid my fines. I received a letter shortly there after that said "It is the order of the court that the judgement of conviction entered in said cause be and is hereby set aside and the indictment against said defendant be and the same is hereby dismissed." However I am still considered a convicted felon? This was 25 years ago and at times it yields its ugly head. In early 2000's, I applied for a pardon and the board recommended it, but the Governor denied it. I was recently denied application when I was trying to purchase a shotgun to take my kid bird hunting. Now I am worried that if I caught hunting, I will be arrested on federal gun violation. Can anything be done to bury this?
There may be some things you could do to try and get the firearm issue resolved. It may be that the case was "set aside" at the end of your sentence but it was not processed like a set aside. We would need to review your court records and DPS report. If the case has been properly set aside, you may be able to dispute the firearm denial if you have not already done so. Please contact our office in order to discuss specifics regarding your case and to determine what your next available steps may be. Thank you.
4th September 2015 11:41pm
In 1997 I was convicted of family violence of a class A misdemeanor in Bell County Texas. Is there any way to get my gun rights back?
Unfortunately, none of the record clearing remedies (an expungement, nondisclosure or set aside) will lift the federal firearm ban that applies to you because of your domestic violence conviction.  The only option you have at this time is to seek a pardon for that offense.
Raul Rojas
17th June 2015 8:44pm
I was granted a non-disclosure a few years ago from the court on my charge. But my record is still showing for public view. What can i do next?
Mathew Higbee
17th June 2015 9:33pm
The first thing to do is see if the court or other government agencies are still reporting the record. Sometimes the government agencies fail to properly seal the record. If that is not the problem, the matter gets more complex and the analysis shifts to where the record is showing. If it is a small number of sites, you may contact them directly and ask them to remove the record. You may also want to consider two services that we offer to help remove records from background checks and public sites. Expedited Record Clearance Update (ERCU) and Background Check Removal (BCR). You can read about them at http://www.recordgone.com/expedited-record-clearance-update.htm and http://www.recordgone.com/background-check-removal.htm
31st March 2015 11:47am
In 1973 my conviction for "possession of marihuana", was set aside as provided in Article 42.12. Other than traffic violations, I have had no other problems with the law. Question, can I legally attain a concealed handgun license?
Because your Possession case was set aside, it will no longer prohibit you from obtaining a concealed handgun license. There are various other criteria besides criminal offenses that can affect your eligibility, therefore we cannot say with certainty that you can legally obtain one, but a conviction that has been set aside should no longer cause your application to be denied.
17th March 2015 11:06am
For a Set Aside in Texas, can this occur after conviction. I am working with a client who was convicted 40+ years ago for Armed Robbery and Assault. I would like to let my client know if this is even an option he should attempt.
Yes, a set aside is the type of relief that someone with a conviction can generally seek in Texas (as opposed to an expungement or order of nondisclosure). A set aside is not available in several counties in Texas and there are other eligibility criteria.  Please refer them to our eligibility test to see if it as an option for his case.
23rd February 2015 3:07am
I plead guilty to a felony 2 years ago. I was given probation which was later dismissed. Can I get my case set aside or a non-disclosure that conceals the record from public view of my record? Also I was not offered deferred adjudication.
Because you were convicted of a felony and did not receive deferred adjudication, you may be eligible for a set aside in TX.  Please take our online eligibility test to determine if you are eligible for this service or call our office at (877) 573-7273 to confidentially discuss your case.
29th January 2015 9:50am
Can constables issue a summons for parole violation?
Yes, a constable is a peace officer under Texas law.  While they have the added responsibility of executing civil process for the courts, they also have the same arrest powers and duties as municipal police officers and sheriffs.   
Anthony Jones
22nd January 2015 3:48pm
What is a set-aside and how is it different from a non-disclosure in Texas?
There are several differences, the main one is that a non-disclosure conceals the record from public view and a setting aside changes what is on the record (from conviction to non-conviction).  A non-disclosure is a better remedy, however, it is only an option if a person received and completed deferred adjudication.  

You can read more about each service and their benefits on their respective pages on this site.
19th January 2015 12:53pm
Does time elapsed count in any way? My convictions were back in 1986 and 1987 and I've been clean since then. The 2nd offense was commited while on probation for the first. I believe they were both "felony theft" - stolen cars.
Yes, set asides in Texas are discretionary.  Assuming you otherwise meet the eligibility criteria for a set aside in Texas, then the length of time that has elapsed, especially since you have remained law-abiding during that time would definitely be on of the factors the judge considers when making a decision. Please take the eligibility test on our site to determine if you are eligible or call our office to dicscuss your case.
11th January 2015 12:27pm
I had a Domestic Violence conviction in 2002 in Bell County, Texas. Is it possible to get my gun rights back?
Probably not.  If it was a misdemeanor and meets the federal definition of expungement, no.  If it is a felony, you could have your firearm rights restored if you could get the felony set-aside by the court, however, I do not believe that is possible in Bell County as it is in one of the counties governed by appellate law that says the court does not have jurisdiction to set-aside a conviction at this stage.
Zoe Taylor
12th November 2014 2:52am
I plead guilty to a class b misdemeanor theft when I was 17 (17 years ago). I was given the option of probation, but I didn't take it because I didn't understand the difference. I know I can't get my record expunged, but am I eligible for a pardon? 17 years later it still affects job prospects.
Jenna Thorne
1st December 2014 9:29pm
Yes, you would be able to apply for a pardon. We do not handle pardons in the state of Texas, but you can learn more and find a sample application on the Texas Board of Pardons and Paroles: http://www.tdcj.state.tx.us/bp...
Rodney Dennis
7th September 2014 3:46pm
After being released from probation in 2006 I was granted Judicial Clemency. I was arrested a few days ago for felon in possession of a firearm. Why did this happen and what do I need to do?
7th September 2014 5:32pm
A felon in possession of a firearm is a serious charge. I would suggest that you hire an attorney or have one appointed by the court. If your conviction was set aside pursuant to 42.12 §20, the prohibition on you owning a firearm should have been lifted and the case law on this is pretty clear. If you need a recommendation on an attorney to assist you with this case, please let me know which county you were arrested in or where the charges were filed.
15th August 2014 7:14am
Does Texas honor a "Record set-aside" from another state?
15th August 2014 7:36am
What do you mean by honor?
8th August 2014 1:32am
Can I buy a handgun or rifle if my case was dismissed in texas?
9th August 2014 12:08am
Yes, in most cases. There has to be an adverse finding of guilt or insanity to result in permanent loss of firearm rights.

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Please use this section to ask questions about the law, our law firm or our services. If you have questions about your particular situation or wish to hire us to perform a service, please take the online eligibility test, read our website's extensive frequently asked question section or call us at (877) 573-7273.

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