4 Things You Didn’t Know About Expunctions in Texas

The main idea behind an expunction is to give people the opportunity to reset their criminal record as though the charges never happened. Expunctions seal a person’s criminal record or make it unavailable through the State or Federal repositories.

Being convicted for a crime, no matter how small, can stay on your record for years. A person with a criminal record is at a distinct disadvantage and can face many challenges in the future, often forcing them to resort to crime. 

Even if you’ve been found innocent of a crime like a DUI or DWI or your case was dismissed, the arrest is still on your record. Expunctions erase all traces of your arrest let alone trial from your public record.

 Here are some facts about expunctions you probably didn’t know:

 

1. There Are Certain Expunction Requirements

According to Texas law, your case must meet specific requirements in order to be eligible for an expunction. These include:

· A criminal charge against you was never filed

· A criminal charge against you was filed but dismissed

· Certain misdemeanor juvenile offenses

· You are a minor convicted of alcohol offenses

· Criminal charge on your record that resulted from identity theft by another individual

· You were convicted of a crime that was later acquitted by the trial court or the Criminal Court of Appeals

· You were convicted of a crime that was later pardoned by the Governor of Texas or the U.S. president

 

Adults who have deferred adjudication, probation, or were convicted of a felony within five years of their arrest will not be granted expunction by the court. 

 

2. Criminal Records Are Never Completely Eradicated

The Texas Department of Public Safety can permit your criminal record access to a criminal justice agency or the Texas Juvenile Justice Department, even if your record is expunged. 

3. New Waiting Periods for Expunctions

Previously, people were required to wait for the expiration of the statute of limitations or the dismissal of a felony indictment before filing for an expunction. 

The new versions of the law state that a person can obtain an expunction if no charges have been filed after a waiting period has passed. These may vary depending on the type of misdemeanor: 

· Class C misdemeanor: 180 days from the date of the arrest

· Class A or B misdemeanor: one year from the date of the arrest

· Felony: three years from the date of the arrest

However, you’ll still have to prove that you’ve been released and that the case is no longer pending. If the police are actively investigating you, then you cannot get an expunction.

  

4. Expunctions for Juvenile Conviction Are Automatic

According to the Family Code Section 58.003, juvenile records can be automatically sealed. This means there’s no need to file an application or petition to seal the records. If the offender meets statutory criteria, this section mandates the juvenile court to order the sealing of the documents. 

 

Hire an Experienced Lawyer to Get Your Record Expunged!

The Law Office of J.L. Carpenter has helped clients get their records expunged in Friendswood, Clear Lake, and surrounding areas. Attorney Jennifer, “J.L.,” Carpenter will strive to guard your rights with the goal of getting you a favorable outcome.

Schedule a consultation today to start the expunction process now and getting your criminal record reset.