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Is My Case Eligible for an Expunction?
According to Texas law, certain types of cases are eligible for expunction:

Minor Alcohol Cases

Pursuant to Section 106.12, A.B.C., Texas law provides that minors convicted of alcohol related offenses may be entitled to have their record expunged upon reaching their 21st birthday. To be eligible you must: 
 
  • Have passed your 21st birthday;
  • The offense must have occurred before your 21st birthday; and
  • You may not have been convicted of any other alcohol related offenses

To request an expunction, you must file a Petition for Expunction of Minor Alcohol Charge and pay the $30 filing fee. The Judge may then grant your petition or schedule a hearing on the matter. If a hearing is scheduled, you will be notified of the court date by mail.

Minor Tobacco Cases

Pursuant to 161.255 HSC, Texas law provides that minors convicted of tobacco related offenses may be entitled to have their record expunged upon reaching their 18th birthday. To be eligible you must: 
 
  • Have passed your 18th birthday;
  • The offense must have occurred before your 18th birthday;
  • You must have taken and turned in a certificate for a Tobacco Awareness Course; and
  • You may not have been convicted of any other tobacco related offenses.

To request an expunction, you must file a Petition for Expunction of Minor Tobacco Charge and pay the $30 filing fee. The Judge may then grant your petition or schedule a hearing on the matter. If a hearing is scheduled, you will be notified of the court date by mail.

Juvenile Cases

Pursuant to Article 45.0216, C.C.P., Texas law provides that juveniles convicted of a Penal Code offense may be entitled to have their record expunged upon reaching their 17th birthday. To be eligible you must:

  • Have passed your 17th birthday;
  • The offense must have occurred before your 17th birthday; and
  • You may not have been convicted of any other Penal Code offenses.

To request an expunction, you must file a Petition for Expunction of Juvenile Charge and pay the $30 filing fee. The Judge may then grant your petition or schedule a hearing on the matter. If a hearing is scheduled, you will be notified of the court date by mail.

Please note, court staff is prohibited in advising or assisting you in the preparation of your petition for expunction. You also have a constitutional right to retain legal counsel at your own expense or you can represent yourself in this action as a “pro se” defendant.

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