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Right to an expunction and list of requirements

RIGHT TO AN EXPUNCTION:         

Expunction fee is $30.00.

PENAL CODE VIOLATIONS

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. 

PUBLIC INTOXICATION

Article 45.051, C.C.P. provides that a person, who completes the term of deferred disposition and has the case dismissed, may get the records expunged under Chapter 55 of the Code of Criminal Procedure.  Because municipal court only has jurisdiction over expunctions under Chapter 55 when there has been an arrest and an acquittal, the defendant would have to petition the district court for the expunction.

ALCOHOLIC BEVERAGE CODE

To be eligible for an expunction, the youth must not have been convicted of more than one alcohol-related offense and must have reached the age of 21. 

HEALTH AND SAFETY CODE

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


 

Last updated: 1/23/2017 11:06:49 AM