Can my friend expunge his felony arrest record sooner?

Full question:

My friend has a felony arrest record. He was not convicted but he still has the arrest record. It hinders him from getting employment. He is 2 years from being able to get it expunged. Is there anyway to get it done sooner. He has finished college and continue to try to get meaningful employment.

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: Texas

Answer:

In Texas, even if your friend was not convicted, an arrest record can still be public. He may be eligible for an "Order of Nondisclosure" after completing certain legal requirements, which can limit access to his arrest record. However, this option typically requires a waiting period, especially for felonies, which is five years from the discharge date of deferred adjudication probation.

If your friend did not receive deferred adjudication, he may qualify for expunction under Texas law (Code of Criminal Procedure Chapter 55). Expunction allows for the removal of arrest records if there was no conviction or community supervision.

To summarize, if your friend is currently two years away from eligibility for expunction, he may need to wait unless he qualifies for an Order of Nondisclosure sooner. He should consult with a legal professional to explore his specific circumstances and options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In the U.S., a felony can remain on your record indefinitely unless it is expunged or sealed. The specific time frame for eligibility to expunge a felony varies by state. For example, in Texas, individuals may be eligible for expunction if they were not convicted and meet certain conditions, often requiring a waiting period. It's essential to check state laws for specific timelines and procedures regarding felony records.