Expunction of Alcohol Related Offenses of Minors

Nowhere else do Texas Statutes provides for a second chance like Section 106 of the Alcoholic Beverage Code. Typically expunctions are reserved to individuals who are found not guilty or who resolved their case in a very particular manner by agreement with the prosecutor. Click HERE for a discussion on expunctions in general. Section 106.12 of the Alcoholic Beverage Code provides a minor charged with an alcohol related offense the opportunity to expunge a case regardless of the of the outcome – so long as the minor has no more than one conviction for alcohol related offenses.

In addition to making expunctions widely available, this expunction statute also makes an expunction fairly cheap. Filing a typical expunction with the Collin County District Clerk can cost up to $350 in filing fees. Section 106.12 specifically provides that the court shall charge a fee in the amount of $30 for each application for “expungement” filed under this section.

This is perhaps the closest any criminal statute gets to being a “freebie.” Be proactive and make sure you have your record expunged. In most municipal courts, expunctions don’t happen automatically. You can look up your Texas criminal history by following this link HERE

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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