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In Texas, expunction starts with a lawsuit filed against the state of Texas. It’s a complex legal process and not everyone is eligible for it. In fact, there’s a lot of people who think about having their record cleared or sealed, and have a misconception that just any criminal charge could be taken away, or that there’s a certain amount of time in which you’re just automatically eligible to have that criminal charge wiped from your record.
In Texas, it’s a very strict process. It’s simply not true. It takes, you know, an attorney filing a lawsuit against the state of Texas, serving in large number of parties with suit, and ultimately going to hearing and arguing as to why your particular circumstance is eligible for expunction, and it is a very narrow set of circumstances.
Houston, TX criminal defense attorney Emily William Taylor explains what it takes to get convictions expunged from your record. She points out that in Texas, expunction begins with a lawsuit filed against the state. It is a complex legal process, and not everyone qualifies. Many people mistakenly believe that any criminal charge can be cleared or sealed, or that after a certain period, a charge is automatically removed from their record.
She clarifies that this is not the case. In Texas, expunction is a strict and narrowly defined process. It requires an attorney to file a lawsuit against the state, serve the appropriate parties, and ultimately present the case at a hearing, arguing why the individual’s circumstances meet the specific criteria for expunction. Only a very limited set of situations qualify.
