Expunctions for UCW Convictions: 2021 Legislative Update

Texas Criminal Law Updates

In 2021, the 87th Texas Legislature created a brand new type of eligibility for expunctions. Now, if you have been convicted of Unlawful Carrying Weapons (UCW) under subsection (a), committed before September 1, 2021, as it existed prior to September 1, 2021, then you are eligible to receive an immediate expunction.1 This is currently the only expunction scenario for convictions of any type.

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This new expunction eligibility scenario entitles you to receive an expunction, meaning that there is no legitimate ground for the state to object. Also, because of the recent case law developed in the Texas Supreme Court, you will be entitled to an expunction for UCW even if you were charged for multiple offenses in the same arrest.The 87th Legislature changed subsection (a) of the UCW law by restricting the offense to possession of a handgun without a permit to situations where the person carrying the weapon is under 21 or committed within five-years of committing Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, or Disorderly Conduct by discharge of firearm in a public place or Disorderly Conduct by display of firearm, but only if you have been convicted of that offense.2 Learn more information about the new UCW lawSo, if you have a conviction for UCW based solely on the fact that you didn’t have a permit while you carried the weapon outside of your house, you should be eligible for an expunction. Learn more information about expunctions

Legal References:1 H.B. 1927, 87th Texas Legislature, Section 42 H.B. 1927, 87th Texas Legislature, Section 21

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