How to Remove Criminal Records From Public Access in Texas

Expunction removes arrests and convictions from public records.

Don't mess with Texas, as the saying goes. Texas has built a reputation for being tough on crime, which means the state makes the criminal procedure difficult for the offender. This includes the process for expunction. Expunction is the term for erasing your criminal record from public view. Texas has its own unique rules and procedures for expunction, such as the requirement for a full pardon from the Texas Board of Pardons and Paroles and a written freeform request for expunction.

Instructions

Pardon

1. Finish the terms of your sentence including the payment of fines, probation and any court-ordered classes or treatment.

2. Visit the website of the Texas Board of Pardons and Paroles and click "Forms" in the toolbar on the left. Scroll down and click the link to the Pardon application. You can choose to fill it out with a computer or print the application and fill it out by hand.

3. Gather the required documents. They include certified arrest reports from the arresting police officer, certified court reports concerning all action taken in court, a certified criminal history and three letters of recommendation from respected members of your community.

4. Fill the application out thoroughly using the provided checklist tool. Make copies of the signed and dated application then mail it to Texas Board of Pardons and Paroles, ATTN: Clemency Section, 8610 Shoal Creek Blvd., Austin, TX 7875

5. Wait for a response. A closed hearing will take place concerning your petition. Once you are approved for a pardon, you may expunge your criminal history.

Expunction

1. Write a freeform request for expunction. Make it explicitly clear which crime you would like expunged and include any and all record-keeping agencies you would like to erase your record. They may include public records, court clerks and detention facilities.

2. Gather all the document you gathered for the pardon application. Include proof that your crime was pardoned.

3. Mail your application certified to the district court in the county you were convicted.

4. Wait for a response from the court. The court will notify the district attorney and the arresting police station of your petition, giving them a chance to object. If they object, than a hearing will be scheduled, and if they do not, your request for expunction will be granted.

5. Attend the hearing if applicable. Defend your petition for expunction in front of the prosecutor and the judge. You may hire a defense attorney to represent you at the hearing.

References

• Texas Board of Pardons and Parole: Forms
• Statutes.legis.state.tx.us: Right to Expunction
• Findlaw.com; Expunction of Criminal Records in Texas; David E. Cook; July 2009

Resources

• Texas Board of Pardons and Parole: Full Pardon Application