DIY set aside conviction in Texas

What is the name of your state (only U.S. law)? Texas

Hello, In 1976, I was convicted of larceny when I was 17 for stealing $100 at a Texas department store and served 18 months probation. I'd like to get my record "set aside" but cannot afford $2500 in lawyer fees to take care of the procedures, so I wonder is it possible to DIY with the appropriate forms? I don't live in Texas anymore, so if I ultimately needed to hire a lawyer, where would I find a reputable one? Thanks! diwaWhat is the name of your state (only U.S. law)?

Were you actually convicted or did you receive deferred adjudication probation? Did you plead to the original Class B charge or was it reduced to a Class C?

If you were actually convicted of the Class B (not deferred adjudication) then there is nothing that can be done to your record. Texas does not allow expunctions or non-disclosure orders on convictions. It doesn't matter how much time has passed.

I don't know if it was Class B or Class B, and in looking at a copy of my criminal record, it doesn't seem to indicate this info. The records shows a Sequence Code of "A" and Court Disposition of "310-Convicted). Is there some way I can find the answer to your question? Thank you very much. diwa

diwa said:

I don't know if it was Class B or Class B, and in looking at a copy of my criminal record, it doesn't seem to indicate this info. The records shows a Sequence Code of "A" and Court Disposition of "310-Convicted). Is there some way I can find the answer to your question? Thank you very much. diwa

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Because you were convicted there is no possibility of expungement or non-disclosure.

If it is showing on your criminal history at all then it has to be at least a Class B misdemeanor. Sorry there is no way to remove that conviction from your record.

Dear CavemanLawyer and ERAUPIKE,

Thank you both very much for your advice. Am I to assume that there is nothing that can be done to minimize what would show up, for example, on a background search during a job application?

Your help has been most appreciated. diwa

Texas has no expungement provisions in there law.

Don't Mess with Texas or it should be Don't Mess Up in Texas..... should have stayed in Texas they have reform programs for their felons......

Texas does have expunction provisions its just they only apply in very limited circumstances (ex: charges dismissed, never formally filed, or found not guilty) and even then there are still additional limitations.

diwa there is nothing you can do to minimize the effect that this conviction will have on your record. Depending on the quality of the background search that is done it will either not show up at all, show the arrest and charge but no disposition, or show everything including the disposition. About the most you can do is to get all of the court documents from the clerk's office where you were convicted. That way you can explain the circumstances of your charge if you believe they are mitigating.

Once convicted in Texas the only way to minimize or remove the effect of the charge on your record is to obtain a commutation or pardon from either the Governor of Texas or the President of the United States.

CavemanLawyer said:

Once convicted in Texas the only way to minimize or remove the effect of the charge on your record is to obtain a commutation or pardon from either the Governor of Texas or the President of the United States.

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The President can only grant pardons for federal offenses, not state offenses. Read Article II, section 2 of the Constitution.

Here's a Texas application:
Tx Board of Pardons & Parole handles applications and, if they deem the app meritorious, they will send it to the gov. with their recommendation

http://www.tdcj.state.tx.us/bpp/forms/FP App (Oct 2008).doc