Alcohol & Drugs: MIP, MIC, Intoxication MIP Expunction- Texas

[cougars084]

I qualify to have a MIP charge that I received when I was 19 expunged and I am looking for a little assistance.

I have read both Sec. 106.12 of the TABC and Chapter 55 of the Texas Code of Criminal Procedure regarding expunctions but I have not been able to determine what I need to submit to the JP to request a hearing. Is it as simple as submitting a sworn request to the Judge stating that I qualify for expunction or would I have to complete all of the steps outlined in Chapter 55 of the Texas Code of Criminal Procedure? Everything I have read seems to suggest that the I wouldn't have to jump through all of the hoops in Chapter 55 for this type of request.

Thanks in advance for your assistance.
Mike

 

[army judge]

First of all, it isn't expunction, its expungment you desire.
Expunction is when your case was dismissed, or if you had received a not guilty verdict.

When can criminal records be destroyed?
Under certain conditions Texas law allows for the destruction, or expunction, of criminal records. The process involves a petition of expunction filed in the court that handled the matter. Expunction is an option for clients whose case was dismissed or resulting in a not guilty verdict. Deferred misdemeanor charges may also qualify for expunction in Texas.

Because your charges resulted in a conviction, another option is available for you. This would be sealing your records. Record sealing prevents employers, landlords, and the general public from gaining access to documentation of criminal charges, convictions, and sentences. The information would still be available to law enforcement and court officials, but could not be obtained in a public background check. Record sealing begins with a petition for non-disclosure.

Expungment is done for those convicted before a JP, County, or District Court.

If this is important to you, you'll hire a lawyer.
Would you fill a cavity in your own tooth?

Would you remove a bullet from your abdomen?
Would you treat an infection with cheaper animal antibiotics?

You really don't have to waste your time expunging something so minor.

This site allows you to determine if your case is eligible for expungement.
They also represent you, if you wish.
The check, is free!

http://www.recordgone.com/texas.htm

If, however, you persist in your do it yourself endeavors; here a are few pointers.

First, one form of the law.

Texas Expungement of Underage Drinking Convictions (Texas Law ABC 106.12)
Sec. 106.12. EXPUNGEMENT OF CONVICTION OF A MINOR
(a) Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.

(b) The application shall contain the applicant's sworn statement that he was not convicted of any violation of this code while a minor other than the one he seeks to have expunged.

(c) If the court finds that the applicant was not convicted of any other violation of this code while he was a minor, the court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, to be expunged from the applicant's record. After entry of the order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.

(d) The court shall charge an applicant a fee in the amount of $30 for each application for expungement filed under this section to defray the cost of notifying state agencies of orders of expungement under this section.