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Member |
General question regarding expunction -- Under Chapter 55 of the Code of Criminal Procedure, may a defendant obtain expunction if indicted for felony but enters no contest plea to class B misdemeanor? Or is a person just SOL if indicted for felony (and there was no mistake)? Thanks for any help! | ||
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Member |
The concept of expuction was created in Texas to delete the records of persons who were wrongfully arrested. That generally means that you have to have been innocent and indicted by mistake or false information. A plea of no contest (same effect as plea of guilty) to a related charge certainly contradicts a claim of innocence and is unlikely to result in a successful expunction. | |||
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Administrator Member |
And if they arise from the same incident, how could an agency destroy all the records related to the felony arrest without also destroying documents related to the misdemeanor? I don't think it can be done legally OR practically. | |||
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