Does My Texas Criminal Record Qualify For Expunction?

Posted on in Expunctions

texas expunction lawyerBeing arrested and charged with a crime that you did not commit can be damaging in many ways. You may have trouble obtaining employment and finding a place to live as many employers and landlords perform background checks. Fortunately, Texas law allows for some arrests and charges to be removed from a person’s criminal record through the process of expunction. If you are unsure whether you qualify for an expunction, you should speak with a skilled Texas expunction lawyer to discuss your situation.

Qualifying for an Expunction

In many ways, Texas’ expunction statute is not very expansive. In fact, it is actually rather limited. You cannot file a petition for expunction if your arrest and/or charge ended in a conviction or if you received community supervision for any offense other than a Class C misdemeanor. A criminal record is also ineligible for expunction if the record is related to a probation violation warrant or if you attempted to leave the jurisdiction after you were released on bond. 

Examples of criminal records that may be expunged include:

  • Charges that were dismissed

  • An arrest that did not result in criminal charges

  • Some misdemeanor offenses and alcohol-related offenses that occurred when you were a juvenile

  • A conviction for failing to attend school

  • Criminal records that are a result of identity theft

  • Convictions that were appealed and overturned 

  • Convictions pardoned by the president or Texas governor 

Petitioning for an Order of Nondisclosure

In some cases, if you are not eligible for expunction of your criminal record, you may be eligible to petition for an order of nondisclosure. When you obtain an order of nondisclosure, your criminal records are sealed, rather than destroyed. Access to the records will be limited to only government agencies and certain private parties. After you receive an order of nondisclosure, your criminal record will no longer be public. Those who have completed deferred adjudication and have received a discharge are eligible for an order of nondisclosure. 

Contact Our Texas Expunction Attorney Today

Even just a simple arrest or misdemeanor charge without a conviction can affect your life. If you have a criminal record and you are wondering whether or not you qualify for expunction, you should contact a skilled San Antonio, TX expunction lawyer for assistance. At the Law Offices of Sam H. Lock, we know how important it is for you to have a fresh start after clearing your name. We can help. To schedule a free consultation, call our office today at 1-888-SAM-LOCK (888-726-5625).

 

Sources:

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm

https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23459#:~:text=The%20timeframe%20for%20receiving%20an,have%20elapsed%20for%20an%20offense

 

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