Record clearing in Texas

Record clearing in Texas

A past criminal record can come between you and getting that perfect job position that you have applied for, or that lovely apartment that you want to move into. Even acquiring a professional license can be quite difficult. A criminal record can dramatically have a negative effect on your social life, especially since such records are usually available online.

There are numerous reasons why an individual might decide to clear their past criminal record. An experienced record clearing attorney knows the laws associated with such processes in Texas. Under the Texas law, you can request the court to seal or expunge your records so that it won’t be available to the general public.

Record clearing in Texas is known as expunction, unlike in other states where it is referred to as expungement. When your record is deleted, then even potential employers are not allowed to the information. Once your criminal record has been expunged, you are not required to disclose it according to the Texas Code of Criminal Procedure under Article 55.03.

draft_logo_5

Record Clearing Options in Texas

Record clearing in Texas is known as expunction, unlike in other states where it is referred to as expungement. When your record is deleted, then even potential employers are not allowed to the information. Once your criminal record has been expunged, you are not required to disclose it according to the Texas Code of Criminal Procedure under Article 55.03.

If the expunction process is successful, the court orders for expungement, meaning that the records can’t be released or used for any reason. You can deny ever being arrested or about the expunction unless you are asked about it while under oath during a trial. Even so, you can only mention that the record was deleted and, therefore, not reveal any details regarding your history.

There are criminal records in the state of Texas, which can be sealed by the court under an Order of Nondisclosure. The general public is prohibited from viewing a criminal history that has been sealed. According to the Texas law, agencies that have access to your sealed criminal information can only disclose such details to you and other licensing, criminal justice organizations, and employment firms that are allowed by the law as specified under the Texas Government Code 411.076 (2018).

You might be eligible for the conviction of set aside if you had been convicted then received and successfully managed to complete probation. If your conviction is successfully set aside, then your criminal history might appear in some background checks through the records will show that they were dismissed after not being found guilty. There are certain criminal offenses such as Driving Under the Influence and other felonies that do not qualify to be set aside. It is important to note that there are individual counties in the state of Texas that do not allow or grant set-asides. You can talk to your criminal defense attorney to find out if you are eligible for a set aside.

If you are serving probation, then you might have a chance for early termination or reduced time through a court petition with the help of your lawyer. In order to be eligible, you have to clear all outstanding fees, restitution, and fines. You should also complete all the court-ordered classes. The judge is then required to make a decision if discharging you early from probation is the right choice.

The state of Texas, you can apply for a pardon, and if successful, your gun rights can be restored after a deferred adjudication or conviction. To be eligible for a pardon, you must prove to have exemplary behavior as a result of rehabilitation. Your criminal defense attorney will likely recommend expunction or nondisclosure instead of a pardon if you qualify. If you are not eligible for an expunction, then a pardon will increase your chances to expunge your criminal record.

In a situation where your civil rights are lost in the state of Texas as a consequence of a federal crime or a conviction in another nation, you can request for restoration of civil rights. There are particular offenses such as drugs, violence, and illegal possession of guns that are not eligible for civil rights restoration. In the case where you have a conviction of a federal; crime, then you have to wait for up to 3 years from the time of conviction before applying. If, however, you were convicted while in another country, then you have to wait for up to 2 years from the time of your conviction to the date of submission.

Texas law provides an opportunity for you to petition your case for juvenile record sealing. For you to be eligible for record sealing, you should have no convictions, whether a misdemeanor, felony, or adjudications, since the time of your discharge. Another qualification for the record sealing is that you mustn’t have served a determinate sentence in a juvenile penitentiary. You are required to wait for two years from the time of your discharge though if there was no adjudication, then you won’t have to go through a waiting period.

“Record clearing in Texas is known as expunction, unlike in other states where it is referred to as expungement. When your record is deleted, then even potential employers are not allowed to the information.”

What Criminal Records Qualify for Expunction in Texas?

There are specific conditions that must be met for you to qualify for expunction in Texas. Whether you were arrested for a felony or a misdemeanor, your record qualifies for expungement under the following conditions, as stated in the Texas Code of Criminal Procedure section 55.01 (2018).

  • You were acquitted for the crime which you were charged with.
  • You had been convicted but later found to be not guilty of the offense.
  • You had been convicted but later pardoned for the crime.
  • You had been charged officially through an indictment process or information, but the charges against you were dismissed, or the statute of limitations regarding your case expired.
  • You had been arrested but not officially charged, yet you satisfy the required waiting period. The state of Texas requires that one waits for a particular period before applying for expunction if you were arrested but were charged for a crime.

Waiting Periods for Expunction in Texas

It is important to note that not every criminal record that is considered eligible for expunction requires a waiting period in Texas. If you were found innocent after being convicted or was pardoned for your crimes, then there is no waiting period needed before applying for expunction in Texas.

There is no waiting period in the situation where the state’s attorney provides certification that the files are not required for the subsequent criminal prosecution.

Share:

Send Us A Message

More Posts

Becoming A US Citizen?

Are you a current resident and are thinking about fully becoming a US Citizen? Are you nervous of the requirements needed to pass the written