Council Consideration Request creates an “Innocence Reclaimed Project”

Published on August 11, 2023

District 8 and District 4 Councilmembers File Council Consideration Request to Create an “Innocence Reclaimed Project”

SAN ANTONIO (August 11, 2023) – District 8 and District 4 Councilmembers filed a Council Consideration Request for the City of San Antonio to create an Innocence Reclaimed Project that consists of the following: 

1. Legal assistance to residents eligible to receive criminal history expungements as set out by the Texas Code of Criminal Procedure.
2. A continuous city-wide public education campaign that informs expungement-eligible residents of their rights and resources; and
3. Wrap-around services to qualified individuals who avail themselves of the right to expungements (eg. housing assistance, employment assistance, etc.)

“A thriving and compassionate city creates opportunity for all its residents and helps remove barriers that limit economic, social, physical, and mental well-being,” said District 8 Councilman Manny Pelaez. “This CCR presents City Council the opportunity to reaffirm its dedication to compassion and equity by removing barriers which impede residents’ ability to access employment, housing, capital, and educational opportunities.”

District 4 Councilwoman Dr. Adriana Rocha Garcia stated, “I am excited to support this CCR. Countless San Antonio residents have gone through the criminal justice system and qualify for an expungement. As a constant advocate of education, we cannot let a lack of information be a primary reason that our residents miss out on multiple opportunities that the city provides for residents. A robust educational campaign will help ensure people have access and forgo unnecessary burdens that come with a record.”

According to the State Bar of Texas, a person is also not eligible for expunction if the arrest relates to a probation violation warrant or if the person absconds from the jurisdiction after being released on bond. 

Records eligible for expunction include:

1. An arrest for a crime that was never charged.
2. A criminal charge that was ultimately dismissed. 
3. Certain qualifying misdemeanor juvenile offenses.
4. Conviction of a minor for certain alcohol offenses.  
5. for failure to attend school. 
6. Arrest of a person that is not charged if a case is not filed and there is no felony offense arising out of the same transaction for which the person was arrested. 
7. Arrest of a person that is never formally charged, regardless of whether the statute of limitations has expired, if the prosecuting attorney’s office certifies that the records and files are not needed for use in any criminal investigation or prosecution of another person.