Criminal Records Clearing And Expungement For Ellis County

Information About Records Clearing In Texas

You have a right to an Order of Non-Disclosure if you were:

Acquitted (found not guilty by a judge or jury):

Found not guilty by trial court or any appellate court

And the person was not convicted of and does not remain subject to prosecution for another offense arising out of the same criminal episode

Dismissal / No-Bill:

Arrested, but

No felony indictment/information or felony indictment/information dismissed; and

The Statue of Limitation period has expired or court finds mistake or fraud; and

The person was released; No final conviction; Not pending; And no court-ordered supervision under CCP art. 42.12 for offense other than Class C misdemeanor.

And the person has not been convicted of a felony in the five years preceding date of arrest; or if charged with a Class C misdemeanor, the person was never convicted and no court-ordered supervision under CCP art. 42.12 for offense other than Class C misdemeanor occurred.

You have a right to an Order of Non-Disclosure pursuant to the Texas Government Code 411.081

1. PETITIONER MUST HAVE RECEIVED:

Successful discharge and dismissal of deferred adjudication (CCP art. 42.12, 5); and

The court where the petition is filed is the court that granted deferred adjudication probation.

2. AND PETITIONER COMPLIED WITH THE WAITING PERIOD FROM THE DATE OF DISCLOSURE:

5 years has lapsed from the discharge from probation for felonies; or. Or

2 years for misdemeanors under Penal Code Ch. 20, 21, 22, 25, 42 or 46*; or And

Immediately eligible for all other misdemeanors.

* Includes unlawful restraint, sec offenses, family violence offenses, assaultive and disorderly conduct, weapons offenses.

3. PETITIONER IS INELIGIBLE IF EVER CONVICTED OR PLACED ON DEFERRED ADJUDICATION FOR THE FOLLOWING:

Indecency with a child* (21.11)

Aggravated kidnapping* (20.04)

Incest* (prohibited sexual conduct) (25.02)

Compelling prostitution* (43.25)

Possession/promotion of child porn* (43.26)

Unlawful restraint, kidnapping, or aggravated kid-napping of person younger than 17* (20.02-04)

Capital murder or murder (19.02, 19.03)

Abandoning/endangering child (22.041)

Stalking (42.072)

Aggravated sexual assault* (22.021)

Sexual assault* (22.011)

Sexual performance by a child* (43.25)

Indecent exposure* (2nd conviction) (21.08)

Attempt, conspiracy, or solicitation to commit any of the previous offenses*

Injury to a child or elderly (22.04)

Violation of protection order (25.07)

Any offense involving family violence (FAM CODE 71.004)

* Offenses requiring registration as sex offender.

4. EVEN IF ELIGIBLE, PETITIONER BECOMES DISQUALIFIED IF:

During deferred or the waiting period, petitioner has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only. See TEX. GOV'T CODE 411.081(e).