Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
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Collin
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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

How do I get an expunction for a criminal record? You must file a petition in the county where you were arrested and charged to ask permission from the court to erase all records related to the criminal accusation. Other Texas courts just require the petition and court filing fee (typically around $100).

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

Someone can seek expunction if they were charged with something that was later dismissed, they are not convicted, or if they were not subject to any community supervision. This could happen either through pretrial negotiations or in court.

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.

Even if there were no charges, there is a minimum waiting period before filing an application for expunction: Class C misdemeanors: 180 days. Class A and B misdemeanors: 1 year. Felonies: 3 years.

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

In Texas, the process of expunging a criminal record is often called "expunction." In addition, some criminal records may be sealed by court order, called an "order of nondisclosure." If your criminal record is expunged or sealed, it will no longer be visible to the general public, including potential employers.

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Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record