Can I expunge a Felony Burgluary of a building charge from December 2006? 2 Answers as of March 18, 2011

I am 24 years old and am a father of a two year old son and a current college student at Palo Alto College in San Antonio, TX. I was 19 I believe when this felony occurred. Two friends and I had a key to a convenient store and went to go get beer. We got pulled over a few blocks away and got charged with this felony. I was very young and ignorant. I messed up my deferred adjudication and was sentenced to state jail. I have not had any more probations or felonies since that time and have been a very productive citizen. I need help to get this expunged. From what I read so far I cannot, but I want to seal it or request something from the state to put this behind me so I can get a job and support my family. I am going to school and have been for almost two years. I have good grades and am a great person.

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Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
Unfortunately, the answer to your question is that you are not eligible for an expunction nor are you eligible for an order of non-disclosure. Unless you were acquitted of the offense or case was not prosecuted after arrest, you cannot get the case expunged. If you pled guilty and were given deferred adjudication probation and successfully completed the deferred adjudication probation, then you can request the court to grant an Order of Non-Disclosure which essentially is an order to seal the records from the general public (some agencies will still have access to said records). If your deferred adjudication probation was revoked and you receive time in prison/state jail, then the case resulted in a final conviction and the Order of Non-Disclosure is not an available option.
Answer Applies to: Texas
Replied: 3/18/2011
Law Office of Jamie Balagia
Law Office of Jamie Balagia | Will Mitchell
You cannot expunge a felony charge if you have been convicted. The facts you describe suggest an adjudication of guilt occurred once your deferred adjudication was revoked and you were sentenced to state jail. If it is any consolation, you would not have been eligible for an expunction even if you successfully completed the deferred adjudication. The best you could have hoped for would have been an order of nondisclosure.
Answer Applies to: Texas
Replied: 3/18/2011
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