Do You Qualify for Expunction?
An arrest record is a serious matter. Even if you were later acquitted, or had your case dismissed, it can still cause you trouble.
If you have been arrested for either a felony or misdemeanor, you may be entitled to have your criminal record expunged if:
- Your case was tried and you were found not guilty.
- You were convicted, but were later pardoned;
- You have not been indicted or otherwise formally accused
for the arrested conduct, or had your indictment dismissed or set aside. and,
a. The statute of limitations has expired, or
b. The Court finds that the indictment or other formal charge was dismissed or set aside because the presentment had been made because of mistake, false information, or other similar reason indicating a lack of probable cause. - The arrest has not resulted in a final conviction, is no longer pending and there was no court-ordered community supervision (probation) for any offense above a Class C misdemeanor. Deferred Adjudication, even if successfully completed, does not qualify unless it is a Class C misdemeanor.
- The person has not been convicted of a felony in the five years preceding the date of arrest.
The sooner the better, because your arrest record will, over time, find its way into various data-bases.
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