Expunction and Getting a Clean Record in Texas

One Stain Away from a Clean Record? An Expunction Can Fix That!

No records found and finger prints indicating expunction
Expunction-Get-free-from-all-your-crime-records

How Would an Expunction Be Useful to Me?

With everyone’s all inclusive information on the internet, pretty much anyone can see past criminal records.  This includes potential employers and banks both of whom would turn you away if your record was anything short of squeaky clean. Expunction is the extensively complete elimination of your criminal record. A court order can destroy the criminal record or limit accessibility.  Courts may require any external agencies to destroy any files on you as well. Additionally, you may be able to deny that the event even happened under the law. FT Law Firm can help you achieve that sense of relief which will be helpful in situations such as future job interviews or legal disputes.

 

Am I Eligible?

“A person who has been placed under arrest for commission of either a felony or misdemeanor is entitled to have all records and files related to the arrest expunged if:

  • The court acquitted or pardoned you after a trial
  • The judge released you and the charge did not result in a final conviction and is no longer pending.  The court also did not order any community supervision.     See Texas Code of Criminal Procedure Chapter 55.

You may also be eligible, if your offense was a minor alcohol related offense, your offense was qualified as a juvenile misdemeanor, or it was a class “C” misdemeanor.

Certain Crimes Not Eligible

You cannot obtain an expunction order in the following cases:

  1.  If you have received deferred adjudication or probation;
  2. A felony within five years of arrest;
  3. Crimes involving children:
  4. Sexual crimes;
  5. Serious traffic offenses such as DUIs, vehicular homicide, or fleeing the scene of an accident.

It is best to consult with your attorney to evaluate your options.  The law contains many variables and presents different options depending on the case and the outcome.

Expunction vs Record Sealing

You may have the option of sealing your records if you are ineligible for expunction and have completed deferred adjudication.  However, law enforcement and state licensure offices will still be able to view it.

Please speak with us at FT Law firm about record sealing if you are still unsure of your position.