In Texas, expungement is the legal process of erasing, deleting, or destroying all criminal records related to a misdemeanor or felony arrest. Expunging your criminal record allows you to legally deny the arrest, the initial criminal case, and any other related information.
The following article provides an introduction of Texas expungement law, as well as commonly asked questions to a Frisco criminal lawyer. If you have issues about eligibility standards, particularly your personal eligibility, you should see an attorney.
Is My Case Eligible For Expungement?
Under the Texas Code of Criminal Procedure Section 55.01, you may be qualified for expungement if any of the following apply:
- The charges were never filed.
- The charges were brought and later dropped.
- You were acquitted
- You were convicted but later proven innocent.
- You were not tried, and the prosecutor urged an expungement.
- A grand jury did not indict you.
- You were pardoned by the Governor of Texas or the President of the United States or awarded relief due to your real innocence.
Why Does My Record Show My Charge When My Case Has Been Dismissed?
Charges on a criminal record do not disappear or become expunged automatically. It is a public record that you were arrested and charged with a specific offense, and it is publicly available unless erased. An expungement completely removes the criminal past from your record.
Is The Expungement Guaranteed?
No. A Judge’s ultimate ruling cannot be guaranteed. However, being completely honest with your attorney about any prior records and providing correct information about your past history might aid the process. The expungement attorneys will be able to properly assess your chances of success. Even if the court expunges your official record, it may take some time for the information to be erased from private databases.
Does It Matter If I Plead Guilty Or Do Not Contest?
If you plead guilty or no contest, then the case is not able to be expunged. The only exception is if the case was for a misdemeanor class C and you completed deferred adjudication.
What Is The Waiting Period After My Case Is Dismissed Before I May Apply For Expungement?
Yes. Misdemeanors have a two-year waiting period. Most felony cases have a three-year delay. More severe offenses require a lengthier waiting time. The waiting time begins on the day of arrest or incident. Furthermore, there are specific situations in which you can have your record purged before the waiting time expires. For example, if your case was dismissed owing to a lack of probable cause or mistake, you may file before the waiting time expires.
What Are The Reasons Why A Texas Expungement May Be Denied?
An expungement may be prohibited due to one of the following:
- There was an error in the court documents and/or the expungement petition.
- The court does not believe that expungement is in the interest of society.
- You did not pay your penalties.
Am I Required To Appear In Court?
Your lawyer can handle this for you. In rare cases, the court may also order the client to present.
How Long Will It Take To Expunge My Record?
Your record expunging process will be completed in many months from start to end. First, you must file a petition with the district court. The district court will then schedule a hearing at least 30 days after receiving the petition.
How Long Do The Records Take To Be Removed?
It can typically take up to 90 days for agencies to erase data once an expungement order is obtained.
What Happens If I Am Granted An Expungement?
You can truthfully state that you have never been arrested or charged with a crime. Your criminal defense attorney will give you all the information about the whole process.
If you are placed on deferred adjudication community supervision in Texas, you may ask the court for a nondisclosure order. Deferred adjudication community supervision is awarded to those who have been charged with a crime but have not yet been convicted. In contrast, probation is awarded to persons who have been convicted of a crime. If you have been charged with a violent or sexual offense, you will not be eligible for a nondisclosure order.