Can Your
Texas Arrest Record Be Expunged?
If you have a criminal
record, the record will show that you were arrested and
charged with a crime, even though your case was dismissed or
you were found not guilty.
Criminal history is used by governmental agencies, schools,
employers, apartments and credit agencies to judge a person.
This can result in the denial of admission to schools,
employment, housing and credit. In Texas, if a person does
qualify to expunge their criminal record, they can remove or
erase their arrest, booking and court proceedings from the
local, state, and federal records.
Do you qualify for expunging your criminal record? A
clean criminal record is something no one should take for
granted.
What Criminal Records Can Be Expunged?
Many Class "C" misdemeanors can be expunged, even if there
was a plea of guilty or no contest (nolo contendere) if the
Defendant received a deferred adjudication. A felony or a
misdemeanor can be expunged if the person who was tried for
the offense and arrested was either:
Even if a person's
criminal case was dismissed or they were found not guilty,
their criminal record will show that they were arrested and
charged with a crime. A record expunction in the state of
Texas will remove all criminal history from their record. If
a person does not qualify to have their criminal record
expunged, they may be able to have their
records sealed by
an order of non-disclosure.
Record Expunction FAQs
If you are eligible,
expunging your criminal record is very important to your
future opportunities in life.
Once an expunction is
granted, your criminal record, including finger prints,
booking-photo, arrest report, and DPS records, are erased.
Am I eligible for an
expunction of records?
Legal cases resulting in
dismissals, declines, or not guilty verdicts are eligible
for expungement.
How do I know if I am eligible?
If you think your
criminal history contains past allegations that are suitable
for expunction,
please
contact us. We will be happy to evaluate your case for a
nominal fee.
Should I expunge a not guilty or dismissed case?
A criminal record does
not automatically seal itself or go away over time. It
remains public and permanent until it is ordered sealed or
expunged by a judge. If your case was dismissed or you
were found not guilty, your criminal history will show that
you were arrested and charged with a crime. Expunction
will remove the criminal history from your record.
How long does it take?
The process usually takes
a few months from start to finish. The effect of a
properly expunged record is worth the time and effort.
What is the end result?
Following entry of an
expunction order, the release, dissemination, or use of the
expunged records and files for any purpose is prohibited.
You can legally deny that the arrest ever occurred.
But, if you are questioned under oath in a criminal
proceeding about an arrest for which the records have been
expunged, you are permitted to state only that the matter in
question was expunged.
What if someone makes my expunction record public?
A person who learns of an
arrest while an officer of a listed agency and who knows of
an order expunging the records and files relating to that
arrest, is guilty of an offense if he knowingly releases or
uses the records or files. And, a person who knowingly
fails to return or to obliterate identifying portions of a
record or file ordered expunged is also guilty of an
offense. Violating an expunction order is a Class B
misdemeanor.
What happens if I do not qualify for expunction?
Even if you may not be
eligible for an Expunction, if you have received or obtained
a dismissal by having successfully completed a Deferred
Adjudication, you may still be able to
seal your records
by order of nondisclosure. An order of non disclosure
will seal your criminal record. This order prevents certain
law enforcement agencies from disclosing any record
associated with the arrest, prosecution and deferred
probation sentence. You may then legally deny the existence
of your arrest, charge and sentence of Deferred Probation.
What the law says
about Texas Expunctions
Art. 55.01. Right to
Expunction, Texas Code of Criminal Procedure
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files
relating to the arrest expunged if:
(1) the person is tried for the offense for which the person
was arrested and is:
(A) acquitted by the trial court, except as provided by
Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exists:
(A) an indictment or information charging the person with
commission of a felony has not been presented against the
person for an offense arising out of the transaction for
which the person was arrested or, if an indictment or
information charging the person with commission of a felony
was presented, the indictment or information has been
dismissed or quashed, and:
(i) the limitations period expired before the date on which
a petition for expunction was filed under Article 55.02; or
(ii) the court finds that the indictment or information was
dismissed or quashed because the presentment had been made
because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of
the dismissal to believe the person committed the offense or
because it was void;
(B) the person has been released and the charge, if any, has
not resulted in a final conviction and is no longer pending
and there was no court ordered community supervision under
Article 42.12 for any offense other than a Class C
misdemeanor; and
(C) the person has not been convicted of a felony in the
five years preceding the date of the arrest.
(b) Except as provided by Subsection (c) of this section, a
district court may expunge all records and files relating to
the arrest of a person who has been arrested for commission
of a felony or misdemeanor under the procedure established
under Article 55.02 of this code if the person is:
(1) tried for the offense for which the person was arrested;
(2) convicted of the offense; and
(3) acquitted by the court of criminal appeals.
(c) A court may not order the expunction of records and
files relating to an arrest for an offense for which a
person is subsequently acquitted, whether by the trial court
or the court of criminal appeals, if the offense for which
the person was acquitted arose out of a criminal episode, as
defined by Section 3.01, Penal Code, and the person was
convicted of or remains subject to prosecution for at least
one other offense occurring during the criminal episode.
(d) A person is entitled to have any information that
identifies the person, including the person's name, address,
date of birth, driver's license number, and social security
number, contained in records and files relating to the
arrest of another person expunged if:
(1) the information identifying the person asserting the
entitlement to expunction was falsely given by the person
arrested as the arrested person's identifying information
without the consent of the person asserting the entitlement;
and
(2) the only reason for the information identifying the
person asserting the entitlement being contained in the
arrest records and files of the person arrested is that the
information was falsely given by the person arrested as the
arrested person's identifying information.
Art. 55.03. Effect of Expunction, Texas Code of Criminal
Procedure
When the order of expunction is final:
(1) the release, dissemination, or use of the expunged
records and files for any purpose is prohibited;
(2) except as provided in Subdivision 3 of this article, the
person arrested may deny the occurrence of the arrest and
the existence of the expunction order; and
(3) the person arrested or any other person, when questioned
under oath in a criminal proceeding about an arrest for
which the records have been expunged, may state only that
the matter in question has been expunged.
Contact Gilbert Garcia today.
Find our if your record can be expunged. |
