What is an Expunction?
Everyone, at some point, has made a mistake or has been in the wrong place at the wrong time resulting in trouble. For some, that trouble can lead to a criminal record reflecting an arrest, charge, or conviction. While most convictions cannot be removed from a person’s record, Texas Law does allow individuals to remove information about an arrest, charge, or conviction from their permanent records in certain circumstances. This is called an Expunction. Once a person’s record is Expunged, all information is removed from the criminal record and that person can deny the incident ever occurred.
Prior to beginning the process for expunction, you should review Chapter 55 of the Texas Code of Criminal Procedure and any other statutes that may apply to the offense you are attempting to have expunged. Chapter 55 outlines the arrests and offenses which may qualify for expunction. At the outset, it is helpful to outline the offenses which do not qualify for expunction. Absent a pardon or acquittal on appeal, a person who is Convicted of any offense or who is placed on Community Supervision for an offense other than a Class C misdemeanor is not eligible for Expunction. A person is also not eligible for expunction if the arrest relates to a probation violation warrant or if the person absconds from the jurisdiction after being released on bond.
If Expunction is not an option due to the nature of the offense, charge, or conviction, it may be possible to obtain an Order for Nondisclosure. A Nondisclosure order does not completely destroy all record of any offense, but will limit the accessibility of the records. Records subject to a nondisclosure order are removed from public record and cannot be released or accessed by certain private parties, employers or potential employers for example. However, the records will remain available to government agencies and will be admissible in certain court actions. Under the Government Code §411.081, a person who has successfully completed Deferred Adjudication and received a discharge and dismissal of the Deferred Adjudication may apply for a nondisclosure order.
I am looking forward to help anyone in this area that needs help. You can contact me at [email protected] or at 832-566-1490.