Setting Aside Texas Probation Convictions

If you were convicted in Texas and successfully completed probation, you may qualify to have your conviction set aside and to have the case dismissed. The Texas Code of Criminal Procedure gives judges the right to dismiss a case against a convicted defendant who fully completes the terms of his or her probation. See Texas Code Criminal Procedure Article 42.12 § 20 (see excerpt below). If you successfully completed probation and have a relatively clean record, we may be able to help you get the accusation, complaint, information or indictment against you dismissed and get you released from all penalties and disabilities resulting from the offense or crime.

Benefits of Having Your Texas Conviction Set Aside:

• The finding of guilt is removed and the case is dismissed

• Restores your right to own a firearm

• You are "released of all penalties and disabilities" of the offense

• You can truthfully say you were not convicted

• Background checks will not show the conviction (though records of the arrest and the dismissed court case may be visible on background checks).

Who is Eligible?

Those who wish to clean up their record, however have a conviction.

What are my chances of success?

The odds of success vary greatly because the judge has discretion on whether or not to set aside your conviction. If this is your only conviction, you completed successfully completed probation, you are eligible.

The factors the court can or will consider are:

Your need to get this done

• How long it has been since you completed probation

• How this will help you support a family, yourself or contribute to society

• How this will help you improve yourself

• What else is on your criminal record

• What positive things you have done since the conviction

• Your level of remorse for the offense

• Anything else that would show that it is in the interest of justice

All of those factors do not need to weigh in your factor, but the more that do, the greater the chance of success.

What will show when someone does a background check?

The answer to that depends on the type of background check. If the background check is only searching for convictions, your case should not show. If the background check is searching for all cases under your name, the record of a court case with no finding of guilt and a dismissal will show. It will probably show what you were charged with, but it will not show a finding of guilt and you can truthfully say you were not convicted.

How long does it take?

We start on all cases right away, but the time it takes to finish varies by court. Typically, it takes 6 months or longer; but this time can vary based on the court's schedule or the difficulty obtaining necessary court records and evidence.


Excerpts from: Sec 42.12 Texas Code of Criminal Procedure, section 20.

Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw the defendant's plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted or to which the defendant has pleaded guilty, except that:

(1) proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; and

(2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Health and Human Services Commission may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.

(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, or a defendant convicted of a felony described by Section 3g.