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How To Get a Criminal Record Expunged in Texas
Texas has some definite laws and regulations as to how to go about getting an arrest record or criminal record expunged, which records are eligible for expunction, and which records are not. Chapter 55 of the Texas Code of Criminal Procedure outlines the provisions for the expunction of arrest records, court records and criminal history records in the state. Since only certain records can be completely expunged in Texas there are other options available to you to get a record partially removed. Depending on the circumstances of your case, you may qualify to apply for a non-disclosure (sealing), or an order to a set aside records if an expunction is not possible.
In order to begin the process of getting any record removed in which you were convicted, you would first have to be given a pardon by the court system. This pardon would either have to come from the court where the conviction happened or the court in the county where the arrest took place. Once the pardon is granted, the next step is to file a motion with the court system asking the judge to expunge, seal or set aside the record(s) pertaining to any arrest, court proceedings or convictions you want removed form your personal file.
It’s highly recommended to hire a lawyer to get any record removed from your name. A Texas criminal lawyer knows the court and legal system and the rules for expunction, sealing, and setting aside records. They can assist you every step of the way, and make the process go faster since they have a relationship with the Texas court system.
Expungement
Expungement is the process of legally destroying or erasing public records (arrest records and criminal records) from a person’s background file. A record that has been expunged may have well never existed. Once a record has been expunged, law enforcement officials and the general public will not have access to these records. An expunged record may not be used against you in employee background checks, security clearance, certification, licensing, or other situations in which a personal background check is required. You can treat the expunged incident as if it never happened.
In Texas, most records can be easily expunged if the arrest did not result in a conviction, you were granted the right for deferred adjudication (unless you were convicted of a class C misdemeanor), or you received a pardon for the crime. If you were convicted of a class C misdemeanor, you can request an expunction of the arrest and criminal record only after you have successfully completed all of your deferred adjudication requirements .
If you were found guilty, pleaded guilty, or pleaded no contest to any offense other than a class C misdemeanor, you may not be eligible for expungement. In cases such as these, the record may be eligible for a non-disclosure, or sealing of the record from public view.
Sealing or Non-Disclosure
If your record is not eligible for an expunction, it may be eligible for another privilege known as a non-disclosure or sealing of records. Texas Government Code Section 411.071 states that an individual who has completed their entire deferred adjudication may request that the record(s) be sealed with an order of non-disclosure. Basically, a non-disclosure order prohibits the general public from viewing the files that have been sealed, but criminal justice agencies will still have access to the records.
A non-disclosure usually comes into play when you receive deferred adjudication or probation for a felony or misdemeanor (class A or B) and have fulfilled the necessary requirements given to you by the court system as punishment for the crime. Once you have completed all the terms of your probation, then sealing of records is almost always granted by a judge. If you were convicted of a misdemeanor, you can seal your record immediately after deferred adjudication is completed. For felonies, you must wait 5 years before you can apply to have any criminal record sealed.
Set Aside
Basically, a set aside order takes away the decree of guilty against you. However, the record may still show up on some background checks. Instead of a guilty charge, the record will be listed as dismissed. Some offenses, including DUI and certain felonies, are not eligible for a set aside order. Also, not every county in Texas offers or grants set aside orders. Each county and case is different. Here is where a lawyer educated in the Texas criminal and legal system comes in handy. If you were convicted, received and successfully completed probation, you may be eligible to have the conviction set aside.
Any person with an active record who is seeking an expunction, non-disclosure, or set aside, is encouraged to obtain a copy of their criminal history from the Texas Department of Public Safety.
Texas has some definite laws and regulations as to how to go about getting an arrest record or criminal record expunged, which records are eligible for expunction, and which records are not. Chapter 55 of the Texas Code of Criminal Procedure outlines the provisions for the expunction of arrest records, court records and criminal history records in the state. Since only certain records can be completely expunged in Texas there are other options available to you to get a record partially removed. Depending on the circumstances of your case, you may qualify to apply for a non-disclosure (sealing), or an order to a set aside records if an expunction is not possible.
In order to begin the process of getting any record removed in which you were convicted, you would first have to be given a pardon by the court system. This pardon would either have to come from the court where the conviction happened or the court in the county where the arrest took place. Once the pardon is granted, the next step is to file a motion with the court system asking the judge to expunge, seal or set aside the record(s) pertaining to any arrest, court proceedings or convictions you want removed form your personal file.
It’s highly recommended to hire a lawyer to get any record removed from your name. A Texas criminal lawyer knows the court and legal system and the rules for expunction, sealing, and setting aside records. They can assist you every step of the way, and make the process go faster since they have a relationship with the Texas court system.
Expungement
Expungement is the process of legally destroying or erasing public records (arrest records and criminal records) from a person’s background file. A record that has been expunged may have well never existed. Once a record has been expunged, law enforcement officials and the general public will not have access to these records. An expunged record may not be used against you in employee background checks, security clearance, certification, licensing, or other situations in which a personal background check is required. You can treat the expunged incident as if it never happened.
In Texas, most records can be easily expunged if the arrest did not result in a conviction, you were granted the right for deferred adjudication (unless you were convicted of a class C misdemeanor), or you received a pardon for the crime. If you were convicted of a class C misdemeanor, you can request an expunction of the arrest and criminal record only after you have successfully completed all of your deferred adjudication requirements .
If you were found guilty, pleaded guilty, or pleaded no contest to any offense other than a class C misdemeanor, you may not be eligible for expungement. In cases such as these, the record may be eligible for a non-disclosure, or sealing of the record from public view.
Sealing or Non-Disclosure
If your record is not eligible for an expunction, it may be eligible for another privilege known as a non-disclosure or sealing of records. Texas Government Code Section 411.071 states that an individual who has completed their entire deferred adjudication may request that the record(s) be sealed with an order of non-disclosure. Basically, a non-disclosure order prohibits the general public from viewing the files that have been sealed, but criminal justice agencies will still have access to the records.
A non-disclosure usually comes into play when you receive deferred adjudication or probation for a felony or misdemeanor (class A or B) and have fulfilled the necessary requirements given to you by the court system as punishment for the crime. Once you have completed all the terms of your probation, then sealing of records is almost always granted by a judge. If you were convicted of a misdemeanor, you can seal your record immediately after deferred adjudication is completed. For felonies, you must wait 5 years before you can apply to have any criminal record sealed.
Set Aside
Basically, a set aside order takes away the decree of guilty against you. However, the record may still show up on some background checks. Instead of a guilty charge, the record will be listed as dismissed. Some offenses, including DUI and certain felonies, are not eligible for a set aside order. Also, not every county in Texas offers or grants set aside orders. Each county and case is different. Here is where a lawyer educated in the Texas criminal and legal system comes in handy. If you were convicted, received and successfully completed probation, you may be eligible to have the conviction set aside.
Any person with an active record who is seeking an expunction, non-disclosure, or set aside, is encouraged to obtain a copy of their criminal history from the Texas Department of Public Safety.