Expungement is a powerful legal process that can significantly improve your life by erasing certain criminal records. Whether you're looking to apply for a job, seek housing, or simply move forward from a past mistake, expungement offers a path to remove the barriers that a criminal record can create.
In Texas, this process is governed by specific laws and guidelines that determine who qualifies and how it works. This article thoroughly explains expungement in Texas, including the eligibility requirements, the process, and why it can be life-changing. An experienced expungement attorney can guide you through the process and help you leverage this valuable legal option.
What is Expungement?
Expungement is the legal process that allows you to erase certain criminal records, effectively wiping the slate clean. When an expungement is granted, the criminal record is destroyed or sealed, and you can legally state that you were not arrested or convicted for that particular offense.
This means your criminal record will no longer appear in background checks conducted by employers, landlords, or other institutions. It’s an essential tool for individuals who want to move forward without the burden of past mistakes.
It’s important to differentiate expungement from other record-clearing options, such as sealing a record or an order of nondisclosure. While both methods limit access to criminal records, they work differently.
With expungement, the record is completely removed and can no longer be accessed, whereas sealing or nondisclosure simply hides the record from public view but doesn’t eliminate it entirely. Expungement is the more permanent and complete solution.
Who is Eligible for Expungement in Texas?
Not everyone is eligible for expungement under Texas law. Certain criteria must be met, and eligibility depends on factors such as the type of offense, the outcome of the case, and whether you’ve been previously convicted. Here’s a closer look at who may qualify for expungement.
Types of Offenses Eligible for Expungement
Texas law allows expungement for a limited set of circumstances. These include:
- Dismissed Charges: If your case was dismissed before going to trial or after a trial, you might be eligible for expungement. For example, if charges were dropped due to insufficient evidence, you could petition the court to have the record expunged.
- Acquittals: If you were found not guilty of the crime, either by a judge or jury, your case is eligible for expungement. This includes instances where you were acquitted in a criminal trial and can demonstrate that the verdict was in your favor.
- No Bill from the Grand Jury: If a grand jury chooses not to indict you for a crime, this is also an eligible situation for expungement. A no-bill decision means that the grand jury believed there was not enough evidence to file formal charges against you.
- Mistaken Identity: If you were arrested for a crime you didn’t commit, and the arrest record doesn’t result in a conviction, you can petition for expungement. This is particularly useful if the arrest was due to mistaken identity or clerical errors.
- Deferred Adjudication: In some cases, individuals who have been placed on deferred adjudication probation may also qualify for expungement, but only if the case ended with the dismissal of charges and no conviction resulted. You must successfully complete the terms of your probation for eligibility.
Offenses That Are Not Eligible for Expungement
While some offenses qualify for expungement in Texas, others are explicitly excluded. Some of the most common offenses that cannot be expunged in Texas include:
- DWI (Driving While Intoxicated) and DUI (Driving Under the Influence): Convictions for DWI and DUI are generally not eligible for expungement under Texas law. However, if the case is dismissed or you were acquitted, expungement may still be an option.
- Sex Offenses: Convictions for certain sex offenses, such as sexual assault or child abuse, are typically not eligible for expungement, as these offenses carry lifelong consequences, even after the criminal sentence has been served.
- Violent Felonies: Convictions for violent felonies, such as murder, aggravated assault, and robbery, usually cannot be expunged, especially if the offense involved a serious injury or death.
- Multiple Convictions: If you have multiple convictions for the same offense or other crimes, your eligibility for expungement may be affected, especially if the convictions are still on your record.
Eligibility requirements can be complex and may vary depending on the specifics of your case. A consultation with an experienced attorney can help you determine whether you meet the criteria for expungement.
The Expungement Process in Texas
Once you determine that you are eligible for expungement, you can begin the process of clearing your criminal record. The expungement process involves several key steps:
1. Filing a Petition for Expungement
The first step in the process is to file a petition for expungement with the court that handled your case.
This petition must include specific details about the offense, the outcome of your case, and any supporting documentation (such as a copy of the order of dismissal or acquittal). You will need to submit the petition to the court and pay any applicable filing fees.
In major cities like Houston, Dallas, and Austin, where the court systems may be more complex, it’s especially important to ensure that your petition is filed correctly. An attorney can help you navigate the local courts and ensure your petition is in order.
2. Court Review
After the petition is filed, the court will review your case to determine whether you are eligible for expungement. This includes reviewing the circumstances of your case, the charges, and any records associated with your arrest. If the court believes that you meet the legal criteria for expungement, they will set a hearing date to review the petition.
In some cases, the court may require additional information or documentation to support your petition. You might need to provide evidence that you have completed probation, paid fines, or fulfilled other court-ordered requirements.
3. The Judge’s Ruling
If the judge determines that you meet all the eligibility requirements, they will issue an order of expungement. This order directs law enforcement agencies and other relevant entities to destroy or seal your criminal record. Once the expungement is granted, your record will no longer appear on most background checks, making it easier to move forward with a clean slate.
It’s important to note that while expungement removes your criminal record from public access, some records may still be accessible by law enforcement or government agencies for specific purposes.
Timeline and Costs of Expungement in Texas
The timeline for expungement in Texas varies depending on the complexity of the case and the jurisdiction in which it is filed. Generally, the process takes anywhere from three to six months to complete, although some cases may take longer. The court may also require several hearings, which can extend the timeline.
In addition to the time involved, you should also be aware of the costs. Filing fees for expungement vary depending on the county but can range from $200 to $500 or more. There may also be additional costs for obtaining records, such as police reports or court documents, which are required as part of your petition.
Some courts may waive these fees in cases of financial hardship, so it’s important to ask about potential fee waivers when filing your petition.
Frequently Asked Questions (FAQs) About Expungement
As you consider whether expungement is right for you, you may have a few questions. Below are some common inquiries we receive from clients:
Can I expunge my record if I was never convicted?
You can seek expungement even if you were not convicted. If your charges were dropped or dismissed, or if you were acquitted, you can still file for expungement to have the arrest and charge removed from your record.
How does expungement affect my employment and housing opportunities?
Expungement can dramatically improve your chances of finding employment and housing. Many employers and landlords conduct background checks, and a criminal record can be a significant barrier.
Once your record is expunged, you can legally answer "no" when asked if you have a criminal record, which can open up opportunities that were previously closed off.
Does expungement erase all traces of a conviction?
Expungement removes your record from most public databases, but some private companies or organizations may still have access to the information. However, expungement does eliminate the record from most public sources, including background checks conducted by employers, landlords, and other institutions.
How do I know if I am eligible for expungement?
Eligibility depends on factors such as the nature of the offense, the outcome of your case, and whether the conviction is eligible for expungement under Texas law. The best way to determine your eligibility is to consult with an experienced attorney who can evaluate the specifics of your case.
Texas Laws Surrounding Expungement
In Texas, expungement is governed by Chapter 55 of the Texas Code of Criminal Procedure, which outlines the procedures and requirements for clearing a criminal record.
The laws are designed to provide relief to individuals who have been wrongly accused or who have successfully completed their sentences and deserve a second chance. Understanding these laws and your eligibility for expungement can be complex, but an attorney can guide you through every step.
Texas also offers a related process known as an Order of Nondisclosure, which can be used to seal criminal records. This process is similar to expungement but does not remove the record completely from public access.
Understanding the differences between expungement and nondisclosure is essential, as the right process for you depends on the specifics of your case.
Misconceptions About Expungement
There are several common misconceptions about expungement that can create confusion. One of the biggest myths is that expungement applies to all criminal records. In reality, not all offenses or individuals are eligible.
Expungement in Texas is typically available only if charges were dismissed, you were acquitted, or there was no conviction. It doesn’t apply to all arrests or convictions, particularly for serious crimes like felonies or sex offenses.
Another misconception is that expungement is the same as record sealing. While both processes limit access to criminal records, expungement completely erases the record from public databases, whereas sealing simply hides the record from most public view but still allows limited access to certain entities, like law enforcement.
Finally, some believe expungement automatically happens after an arrest. However, it requires filing a petition, meeting eligibility criteria, and going through a legal process. An attorney can help clarify these details.
How We Can Help Expunge Your Record
While it is possible to file for expungement on your own, consulting with an experienced attorney can greatly improve your chances of success. An attorney can help you navigate the complex legal system, ensure that all necessary documents are properly filed, and represent you in court if needed.
In cities like Houston, Austin, and Dallas, where the court systems are particularly busy, having an attorney who knows the local procedures can make a significant difference.
At the Law Offices of David White, we are dedicated to helping clients across Texas with expungement and record sealing. We understand the challenges that come with a criminal record, and we are committed to guiding you through the process with the knowledge and support you need to move forward.
Do You Need Legal Help?
Expungement provides a valuable opportunity for individuals to clear their criminal records and reclaim their futures. Whether your charges were dropped, you were acquitted, or you completed deferred adjudication, the process of expungement can help you move past your criminal history and pursue the life you want.
The laws surrounding expungement in Texas can be complex, but with the help of an attorney, you can navigate the process and take advantage of this legal tool.
If you believe you may be eligible for expungement, don’t hesitate to contact the criminal defense law firm in San Angelo, TX. We are here to guide you through the process and help you achieve a fresh start.
Contact us today at (325) 739-8312 to learn more about how we can assist you in clearing your criminal record and moving forward confidently.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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