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Is this for a Texas case? *

What type of Court handled your case? *

State Court (most common)
Federal, Military, or Foreign Court

Name *

First

Last

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Phone

Email *

We will send your free test results to this email address.

6. What happened in your case? *

Arrested Without Conviction (Dismissed Case)
Pre-Trial Diversion (a special program for certain offenses)
Deferred Adjudication (probation and case dismissal)
Conviction (fine, jail time, or probation)
Acquitted (found not guilty)

7. Arrested Without Conviction

Let's get a few more details...

7a. Was an indictment or information presented against you charging you with an offense as a result of the arrest?

7b. What was the level of offense

Felony
Class A or B Misdemeanor
Class C Misdemeanor

Please check whichever was the highest level of offense.

7c. Have three years past since the date of the offense?

7d. Has at least one year past since the date of the offense?

7e. Have 180 days past since the date of the offense?

7f. Was the information or indictment dismissed because of completion of a pretrial intervention program or deferred prosecution program, mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense, or because the indictment or information was void?

The court documents need to state this as the reason for the dismissal.

7g. Has the statute of limitations passed?

The time period begins to run at the arrest/commission of the offense. The statute of limitations is tolled (i.e. it doesn't move) the moment an indictment or information (the charging document) is filed and then runs again only once the case is dismissed. See Article 12.05.

8. Pre-Trial Diversion

8a. Did you successfully complete the pre-trial diversion program?

This includes fulfilling all of the fines, fees, classes and community service etc.

8b. Was an indictment or information presented against you charging you with an offense as a result of the arrest?

8c. What was the level of the offense?

Felony
Class A or B Misdemeanor
Class C Misdemeanor

Please check whichever was the highest level of offense.

8d. Have three years past since the date of the offense? (copy)

8e. Has at least one year past since the date of the offense? (copy)

8f. Have 180 days past since the date of the offense? (copy)

8g. Was the information or indictment dismissed because of completion of a pretrial intervention program or deferred prosecution program, mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense, or because the indictment or information was void? (copy)

The court documents need to state this as the reason for the dismissal.

8h. Has the statute of limitations passed?

8i. Did the prosecutor require you to agree to delay expungement eligibility after completion of the deferred prosecution program?

Deferred prosecution programs are non-statutory, meaning that every prosecutor's office has leeway in deciding how to run the programs and what the terms are. Some counties require the Defendant to wait 2 years to expunge the case after completion, but every county and case can be different.

8j. Did you satisfy the waiting period agreed upon by the prosecutor and yourself?

If you are unsure of the required waiting period for your case, you can contact the attorney who represented you in the deferred prosecution case or, for a small fee, we can assist you to research your case.

10. Deferred Adjudication

10a. Did you receive deferred adjudication?

Deferred adjudication involves a defendant being placed on probation for a certain period of time. A defendant will enter a plea, but the judge does not find the defendant guilty and instead "defers" the finding of guilt. If the deferred adjudication sentence is completed successfully, the court dismisses the case. Pleading guilty for Deferred Adjudication is not considered a conviction under Texas law, but the case and sentence will still be reported on most criminal background checks.

10b. What was the level of the offense?

Felony
Class A or B Misdemeanor
Class C Misdemeanor

Please check whichever was the highest level of offense.

10c. Felony - Did you successfully complete the deferred adjudication sentence and have the case dismissed?

Select "No" if you are still serving the deferred adjudication sentence for this case or if you did not successfully complete the program and, therefore, had a guilty conviction entered against you.

10d. Has it been five or more years since you completed deferred adjudication?

10e. While on deferred adjudication for this offense or during the five years since you completed deferred adjudication, were you convicted of another crime or placed on deferred adjudication for another offense?

To be eligible, you cannot be convicted or placed on deferred adjudication for another case while on deferred adjudication orduring the waiting period for the case you are trying to clear off your record. The waiting period is two years for most misdemeanors and five years for felonies.

10f. Have you ever been convicted or placed on deferred adjudication for any of the offenses listed below?

- An offense requiring registration as a sex offender under Chapter 62 - Aggravated kidnapping - Murder or capital murder - Offenses involving injury to a child elderly individual, disabled person - Abandoning or endangering a child - Violation of protective order or magistrate’s order - Stalking - Offenses involving family violence

10g. (AB) Did you successfully complete the deferred adjudication sentence and have the case dismissed?

Select "No" if you are still serving the deferred adjudication sentence for this case or if you did not successfully complete the program and, therefore, had a guilty conviction entered against you.

10h. RESTRICTED MISDEMEANOR CHECK: Is the offense in question a "restricted" misdemeanor listed below?

- kidnapping and unlawful restraint
- indecent exposure and unlawful photography
- assault, deadly conduct, terroristic threat
- bigamy, enticing a child, criminal non-support
- violation of a protective order
- disorderly conduct, harassment, animal cruelty
- prostitution, sexting
- unlawful carrying of a weapon, prohibited weapons
- engaging in organized criminal activity

10i. NON-RESTRICTED MISDEMEANOR: While on deferred adjudication for this offense, were you convicted of any other crimes or placed on deferred adjudication for any other offenses?

To be eligible, you cannot be convicted or placed on deferred adjudication for another case while on deferred adjudication for the case you are trying to clear off your record. There is an additional two year waiting period for restricted misdemeanors and there is no waiting period for non-restricted misdemeanors.

10j. RESTRICTED MISDEMEANOR: While on deferred adjudication for this offense, and during the two-year period after deferred adjudication, were you convicted of any other crimes or placed on deferred adjudication for any other offenses?

To be eligible, you cannot be convicted or placed on deferred adjudication for another case while on deferred adjudication orduring any applicable waiting period for the case you are trying to clear off your record. The waiting period is two years for restricted misdemeanors.

10k. Have you ever (at any time in your life) been convicted or placed on deferred adjudication for any of the offenses listed below?

- An offense requiring registration as a sex offender under Chapter 62
- Aggravated kidnapping
- Murder or capital murder
- Offenses involving injury to a child elderly individual, disabled person
- Abandoning or endangering a child
- Violation of protective order or magistrate’s order
- Stalking
- Offenses involving family violence

10l. (C) Did you successfully complete the deferred adjudication sentence and have the case dismissed?

Select "No" if you are still serving the deferred adjudication sentence for this case or if you did not successfully complete the program and, therefore, had a guilty conviction entered against you.

10m. Were the charges originally filed in a Justice of the Peace or Municipal Court

These are for cases handled in Municipal Court including, theft under $100, possession of drug paraphernalia, public intoxication, and others.If you are not sure where the charges were initially filed, we can complete case research in our office to determine this for you.

10n. Have at least 180 days passed since the court put you on deferred disposition?

11. Convictions

11a. What level is the offense?

Misdemeanor
Felony

11b. Was your misdemeanor conviction for one of the offenses listed below?

- Driving While Intoxicated
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or Operating an Amusement Ride While Intoxicated
- Organized Crime
- Driving or Operating a Watercraft Under the Influence by Minor

11c. What was your sentence for this offense?

Confinement
Fine Only
Community Supervision

Please choose confinement if you served a term of confinement and were not placed on community supervision. This will include what is regularly called "time served." You may not have received an additional jail sentence after your court hearing. But, the time you spent in custody after your arrest, even if a short amount of time is still considered confinement.

You should choose Community Supervision in the case that you were sentenced under a provision of Article 42.12 (Community Supervision), excluding Deferred Adjudication, even if the community supervision sentence required you to serve a term of confinement as a condition of community supervision or you were placed on community supervision after serving part of a term of confinement.

The only instance in which you would not have received one or the other is if you were cited and released and not placed in custody, which is rare. If you are unsure, please contact our office to have your case history researched.

11d. Have you completed your sentence, including any term of confinement and paying all fines, costs, and restitution imposed?

11e. Have two years passed since the date you completed your sentence?

11f. Have you ever been convicted or placed on deferred adjudication for another offense, other than a traffic offense punishable by fine only?

11g. Did the court determine that the offense you want to seal was violent or sexual in nature?

Courts have not defined exactly what violent means. We expect that this may be defined broadly based on the actual facts of your case.

11h. Have you ever (at any time in your life) been convicted or placed on deferred adjudication for any of the offenses listed below?

- An offense requiring registration as a sex offender under Chapter 62
- Aggravated kidnapping
- Murder or capital murder
- Offenses involving injury to a child elderly individual, disabled person
- Abandoning or endangering a child
- Violation of protective order or magistrate’s order
- Stalking
- Offenses involving family violence

11i. FINE ONLY - Have you completed your sentence, including paying all fines, costs, and restitution imposed?

11j. FINE CLASS C CONVICTION Is the case you are trying to clear a Class C Misdemeanor?

11k. Have at least 2 years passed since the date you completed your sentence on this case?

11n. Did you successfully complete Community Supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed?

Yes
No, community supervision was revoked
No, still currently on community supervision

11o. Have you ever been convicted or placed on deferred adjudication for another offense, other than a traffic offense punishable by fine only?

11p. Did the court determine that the offense you want to seal was violent or sexual in nature?

12. Acquitted Cases

12a. Do any of the four (4) options listed below apply to your case from Texas?

1. You were acquitted by the trial court
2. You were acquitted by the Court of Criminal Appeals
3. You received a pardon from the Governor's Office
4. You were otherwise granted relief on the basis of actual innocence.

12b. What level is the offense?

Misdemeanor
Felony

We provide this eligibility test so you can get a quick idea of your available options. Because every case is different, we cannot warrant or guarantee the accuracy of this test. To schedule a personalized case review and attorney-led eligibility test, please contact our office.

Call or text us.

RecordPurge.com & Eric Ramos Law, PLLC
7979 Broadway St. #207

San Antonio, TX 78209

(210) 967-6500

Take Our Free Expungement Eligibility Test

7. Arrested Without Conviction

8. Pre-Trial Diversion

10. Deferred Adjudication

11. Convictions

12. Acquitted Cases

We provide this eligibility test so you can get a quick idea of your available options. Because every case is different, we cannot warrant or guarantee the accuracy of this test. To schedule a personalized case review and attorney-led eligibility test, please contact our office.

Call or text us.

RecordPurge.com & Eric Ramos Law, PLLC7979 Broadway St. #207

RecordPurge.com & Eric Ramos Law, PLLC
7979 Broadway St. #207