Plano / Frisco / McKinney / Dallas Area Expunction options for those convicted of a Minor in Possession of Alcohol Charge by Bo Kalabus

If you have been convicted of the charge of a minor in possession of alcohol, hereinafter MIP Alcohol, you may have the option of having the conviction expunged, or permanently removed from your record.

The vehicle for expunction of an MIP Alcohol conviction is provided by the Alcoholic Beverage Code Section 106.12 which states:

(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.

If you have been convicted of an MIP Alcohol and have since turned 21, you should contact a lawyer to determine if you are eligible for an expunction.



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