What cannot be expunged in Texas? Well, if a person is arrested and charged with a crime in Texas and they receive a probation, a straight probation, or a deferred adjudication, or if a person is found guilty and given probation or a jail sentence or a prison sentence, they are not eligible to have that expunged. Only offenses or arrests that result in a case being dismissed or a finding of not guilty can be expunged.
Now, there are some offenses, such as an arrest for murder, which can never be expunged because there’s no statute of limitations for murder. There are some other offenses where it gets really tricky to figure out the statute of limitations, such as sexual offenses or sexual assault offenses.
Sometimes, there’s a situation where the statute of limitations doesn’t start until the person realizes or remembers that this thing happened to them when they were young. They suddenly, 20 years later, remembered that this happened, and then the statute of limitation starts running. It gets really technical in those situations to figure out what the exact statute of limitations is.
So, those may or may not be offenses that can ultimately be expunged. But, there’s always the situation where a district attorney or a prosecutor can agree to allow the case or the arrest to be expunged, even though the statute of limitations has not expired.
In those situations, it’s possible. But, good representation is needed to advocate on the behalf of a client to be able to convince the prosecutor to agree that that’s a situation where the person ought to be able to have that offense or arrest expunged. Even though, say, the statute of limitations has not expired.
In Texas, certain criminal records cannot be expunged. If a person is arrested and charged with a crime and receives probation, those records cannot be expunged. Only cases resulting in dismissal or a not-guilty verdict can be expunged. Some offenses, like murder, can never be deleted due to the absence of a statute of limitations.