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RIGHT TO AN EXPUNCTION:

Expunction fee is $30.00, or Under Chapter 55 is $100.

ALCOHOL BEVERAGE CODE CASES

For violations under the Alcohol Beverage Code (alcohol cases in which the defendant is a minor, under the age of 21), the defendant can receive an expunction once the defendant is 21 and the case is dismissed or the conviction is complete. The cost is $30.

ALL OTHER NON-TRAFFIC CASES

For all other non-traffic cases once the case is dismissed by deferred and six months have passed since the date of the arrest or citation, the defendant can receive an expunction with a filing fee of $100 under Chapter 55 of the Code of Criminal Procedure.

JUVENILES

Article 45.0216, C.C.P. provides that a child who is at least 10 years of age and under age 17 and has only been convicted of one fine-only offense described in Section 8.07 (a)(4) and (5) of the Penal Code, may apply to the court in which he or she was convicted to have the conviction expunged. Section 8.07, P.C. is that the statute that provides for the age affecting criminal responsibility. Subsections 8.07(a) (4) and (5) include penal ordinance offenses and fine-only Penal Code offenses. The request must be in writing and made under oath. It must contain a statement that the person was not convicted while a child of any offense described by Subsections 8.07(a)(4) or (5), P.C. other than the offense the person seeks to have expunged. If the court finds that the person was not convicted of any other offense described by those subsections while a child, the court shall order the conviction, together with the complaint, verdict, sentence, prosecutorial and law enforcement records, and any other documents relating to the offense expunged.

HEALTH AND SAFETY CODE

Individuals convicted of a tobacco offense may apply to the court to have the conviction expunged.

 


 

Last updated: 7/8/2019 5:10:22 PM