A lot of people walk in the door asking about appealing an older case — whether they can overturn a guilty plea from 15 or 20 years ago. Or whether they can get an expunction or somehow get it off their record or reopen the case. The quick answer to that, unfortunately, is no.
That’s why it’s important that you investigate and really do your diligence when you decide to plead guilty. There are consequences. It lasts with you for the rest of your life (unless you get a pardon, and that’s hard to get).
So consult with a lawyer and understand that what you do at the time of the guilty plea will affect you for the rest of your life.
Appealing an Older Case in Texas: What You Need to Know
Many people ask about appealing an older case after years have passed since their guilty plea. Attorney Michael Gonzalez frequently receives questions from clients in Brownsville and the Rio Grande Valley about whether they can reopen or overturn a conviction from decades ago. Understanding the limitations is essential before taking any legal action.
Why Appealing an Older Case Is Difficult
In Texas, strict deadlines govern the appeals process. Once you plead guilty and the case is closed, the window for a direct appeal is typically 30 days. After that period, options become extremely limited. While writs of habeas corpus exist for certain situations, they require showing that a fundamental constitutional right was violated. The Texas Court of Criminal Appeals handles these types of petitions and sets a high standard for overturning old convictions.
Alternatives to Consider
While appealing an older case may not be possible, other options might be available depending on your circumstances. Expunctions, orders of nondisclosure, or seeking a pardon from the governor are potential paths worth exploring with an experienced attorney. Each option has its own requirements and eligibility criteria that must be carefully evaluated. Learn about our practice areas or contact Michael Gonzalez to discuss your situation today.