How do I get rid of a felony in Texas?
Asked by: Mrs. Erika McGlynn DVM | Last update: July 10, 2025Score: 4.7/5 (38 votes)
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.
How do I remove a felony from my record in Texas?
In Texas, filing an expunction petition will remove an offense from an individual's criminal history and force state agencies and private companies to remove references to the arrest in their electronic files and to destroy any hard files related to the arrest.
Can a felony be dismissed in Texas?
Fortunately, being charged with a felony does not necessarily mean you will be convicted. In fact, your charges may be dismissed or dropped before your trial even begins. Judges can dismiss a case either on the motion of the defendant or on their own motion. In most cases, though, the prosecution will drop the charges.
How long does a felony last in Texas?
How long do felonies stay on your record in Texas? Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.
How much does it cost to expunge a felony in Texas?
The legal fees to research, draft and prepare the lawsuit that will be filed on your behalf to expunge or seal your records can range from $750 to $2,500, again, depending on the jurisdiction and the nature of the original charges.
📝HOW TO EXPUNGE FELONY CRIMINAL RECORD || 5 Steps
Do felonies go away after 10 years?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.
What Cannot be expunged in Texas?
You cannot expunge convictions for the following types of offenses: DWI. Criminal homicide, manslaughter, or murder. Sex crimes.
How serious is a felony in Texas?
Felony offenses are generally considered more serious and have greater criminal penalties, including longer prison sentencing. Misdemeanors generally have a maximum penalty of up to 1 year in jail. Felonies can include up to life in prison or the death penalty for capital murder.
What is the 7 year felony rule in Texas?
Texas law provides some protections to job applicants by prohibiting reports conducted by consumer reporting agencies to include criminal history information older than 7 years in their reports. The federal Fair Credit Reporting Act provides similar protections. However, there are some exceptions to this “7-year” rule.
What is the most common felony in Texas?
- Abandoning/Endangering a Child.
- Aggravated Assault.
- Aggravated Sexual Assault.
- Aggravated Robbery.
- Assault Bodily Injury Family Member.
- Burglary of a Habitation.
- Concealed Handgun Violation.
- Counterfeiting.
How to get a felony charge dropped?
- Complete felony probation.
- Agree to a plea bargain.
- Complete a pretrial diversion program.
- Demonstrate that the facts of the case don't support a felony charge.
- Felony probation.
- California pretrial diversion programs.
How does a felony affect your life in Texas?
A felony conviction in Texas is a serious thing that can have lifelong consequences. Not only can it have a lasting impact on your life, but it can also lead to the loss of basic civil rights (such the right to vote, sit on a jury, and to own, possess, or use a firearm).
What are the odds of getting a felony dropped?
Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too. Of course, there's no way to know for sure. That's why you need to depend on a strong and experienced San Marcos, TX criminal defense attorney.
What does having a felony prevent you from doing in Texas?
When convicted of a felony in Texas, some of the collateral consequences may include: Termination from employment and difficulties finding a job. Revocation or suspension of a professional license. Revocation or suspension of a license you hold for your business.
How do you reduce a felony to a misdemeanor in Texas?
The prosecutor must agree to the reduction, either through plea bargain or at sentencing, and request that the judge reduce a state jail felony to a Class A misdemeanor. Important: This keeps a felony conviction off your record.
How do I vacate a conviction in Texas?
The motion must be made in the trial court no later than thirty (30) days after the court pronounces the sentence. If the court grants the motion to arrest the judgment, the conviction is vacated and the defendant is put in the position he or she was in prior to the information or indictment.
Does a felony ever go away in Texas?
The short answer is that without any further legal action, a felony charge or conviction will remain on your record for the rest of your life. However, Texas law offers two options to have your criminal record changed or sealed.
What is the second chance program for felons in Texas?
In Texas, certain types of first-time, low-level offenders are given this second chance at a fresh start. This helps them to obtain employment without their record being a part of their application. Once you have met all of your obligations under the law, Texas's "Second Chance Law" allows you to move on.
How can a person with a felony get a job?
- Know the details of your background check. ...
- Specify your intent to discuss the felony during the interview. ...
- Be honest about your history. ...
- Seek out organizations that specifically provide opportunities.
How long do you go to jail for a felony in Texas?
Sentences. Most people found guilty of a State Jail Felony are facing a sentence of 180 days to 2 years in a Texas State Jail facility.
What is the lowest felony charge in Texas?
State jail felonies are the least severe type of felony in Texas. Jail sentences can be as low as 180 days – around half of a year. They can be as high as 2 years. Fines can still go up to $10,000.
Do felony charges ever go away?
Felonies stay on your criminal record for the rest of your life. However, if you seek expungement, it is possible to clear your record of the offense.
How to get a felony sealed in Texas?
- First Step: Determining Eligibility for Non-Disclosure. ...
- Second Step: Obtaining Necessary Information for Record Sealing. ...
- Third Step: Drafting and Filing for Non-Disclosure Order. ...
- Fourth Step: Non-Disclosure Hearing. ...
- Fifth Step: Dissemination of Non-Disclosure Order and Record Sealing.
How much does it cost to get a felony expunged from your record in Texas?
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.