Expungement in Texas

Deportation or removal from the USA

Everyone at some point has made a mistake or been at the wrong place resulting in trouble. That trouble could lead to being arrested or charged, and this reflects in your criminal record. Most convictions are difficult to remove from a person’s record.

However, Texas law allows individuals to remove certain information about an arrest or charge from their permanent records in certain circumstances. This is known as expungement or expunction. Texas expungement law allows expunction of criminal records which did not lead to a finding of guilt and certain class C misdemeanors when the defendant successfully completed deferred adjudication.

If you are found guilty or pleaded guilty, you are not eligible for expungement.

You are also not eligible for expunction if your arrest relates to a probation violation warrant or if you abscond from the jurisdiction after being released on bond. However, it may be eligible for non-disclosure or record sealing in the following circumstances:

Juvenile offenses – Certain juvenile offenses qualify for expunction. These include misdemeanors punishable by a fine committed prior to the age of 17, offenses committed by minors under the alcoholic beverage code, and convictions for failure to attend school under the educational code. Multiple convictions and insufficient age are some of the disqualifying factors for expunction.
A criminal charge that was ultimately dismissed
An arrest for a crime that was never charged
A conviction for a crime that was later pardoned by the governor of Texas or by the president of the United States
Arrest, charge, or conviction on a person’s record due to identity theft by another individual who was actually arrested, charged, or convicted of the crime.
Conviction of a crime that was later acquitted by the trial court or the court of criminal appeals.
The arrest of a person not charged if a case is not filed and there is no felony offense arising out of the same transaction for which the person was arrested
Arrest a person that is never formally charged if the prosecuting attorney’s office certifies that the records and files are not needed for use in any criminal investigation or prosecution of another person

Not all individuals with the above records qualify for expunction.

Expunction of records by a close relative

A close relative of a diseased person is entitled to expunction if the court determines that the deceased person would have been entitled to one.

Expunction for cases never filed

If you are arrested but not charged by an indictment, information or complaint, you may file for an expunction before the expiration of the statute of limitations if the case is not presented within the applicable timeframe and there was no felony charge arising out of the same transaction.

The time frame for receiving an expunction is:

At least 180 days from the date of arrest for an offense punishable as a Class C misdemeanor.
At least 365 days from the date of arrest for an offense punishable as a Class A or B misdemeanor
At least three years have elapsed for an offense punishable as a felony

Expunction for acquittal

You are eligible for expunction if you have been convicted and subsequently acquitted or pardoned if the pardon or court order clearly indicated on its face that the pardon or order was based on the person’s actual innocence.

The court may not grant expunction if you have been convicted or you remain a subject to prosecution for at least one other offense occurring during the criminal episode.

A criminal episode simply means the commission of two or more offenses that are either, committed pursuant to the same, two or more transactions that constitute a common scheme or plan or the repeated commission of the same offense.

Any court presiding over a case on actual innocence must enter an order of expunction not later than the 30th day after it receives notice of the pardon.

Expunction on prosecuting attorney’s recommendation

An expunction based on the prosecutor’s recommendation is within the court’s discretion. The court may reject the recommendation and deny the expunction. You are eligible to this type of expunction if the office of the prosecuting attorney recommends the expunction to the court before you are tried for the offense.

Juvenile offenses

In most cases, records of conviction for an offense a person has committed when that person is a minor can be expunged. However, the individual has to follow certain procedures and meet certain criterias before their record is expunged. For instance, you cannot apply for juvenile expunction record if you have reached a certain age or if you have had multiple convictions.

When a juvenile has committed an offense, the court is required at times to give the parents of the offender information about the expunction process and how to apply for one. Different procedures can apply for different offenses. Conduct some research or consult a professional defense attorney before applying for expunction of a juvenile record.

Application and obtaining an expunction

After being arrested for wrongdoing, your life shouldn’t stop. If you qualify, you can petition the court for expunction or expungement as provided in section 55 of the Texas law criminal procedure. You can apply for expunction yourself by simply completing and filing a petition before the court and waiting for judgment from the judge.

However, it is always advisable to seek assistance from an attorney before applying for an expunction. The first step the attorney will guide you through is filing a petition for expunction with the district court. Any errors in the procedure of these legal proceedings can have serious consequences.