How Can You Apply for Expunction in Texas?

 Posted on May 16, 2024 in Criminal Defense

If you have been arrested or charged with a misdemeanor, such as family violence, you may be wondering if there is a way to clear your criminal record. The good news is that you may be eligible for an expunction, a legal process that erases or seals your criminal record, making it as if the arrest or charge never occurred. A Texas lawyer can guide you through the requirements and steps to apply for expunction, specifically for misdemeanor offenses like family violence.

What is the Eligibility for Expunction?

The first step in applying for expunction is determining whether you are eligible. In Texas, you may qualify for expunction of a misdemeanor if you meet one of the following criteria:

• You were arrested but not charged with anything, and the statute of limitations reached its limit.
• You were arrested, charged, and acquitted at trial.
• You were convicted but later pardoned.
• You completed a pre-trial diversion program, and the charges were dismissed.
• The charges against you were dismissed, and the statute of limitations has run out.

If you were convicted of the misdemeanor, you generally do not qualify for expunction unless you were pardoned.

How to Navigate the Expunction Process

Once you have determined your eligibility, it is time to start the expunction process. Begin by getting a copy of your criminal record from the arresting agency or the Texas Department of Public Safety. This document will provide the necessary information for your expunction petition.

Next, file a petition for expunction in the county district court where you were arrested or charged. The petition must include your personal information, the arrest or charge details, and the grounds for expunction.

After filing your petition, the court will set a hearing date. You or your attorney must attend the hearing and present evidence supporting your eligibility for expunction. If the judge grants your petition, you will get a signed order of expunction sent to all agencies with records of your arrest or charge, instructing them to destroy or seal those records.

The Benefits of a Clean Slate

Successfully applying for an expunction of a misdemeanor in Texas can provide numerous benefits. With a clean criminal record, you may have better chances of securing employment, as many employers conduct background checks. Some landlords also review criminal records, and a clear record can improve your chances of being approved for a rental property.

Beyond practical considerations, expunging your criminal record can provide relief and allow you to move forward without the burden of a past mistake. It is an opportunity to start fresh and leave the past behind.

Take the First Step Today With a Pleasanton, TX Criminal Defense Lawyer

If you meet the eligibility criteria, do not wait to explore your options for expunction. Taking action with an Atascosa County, TX criminal defense attorney to clear your criminal record can open up new opportunities and provide a fresh start. Call BRCK Criminal Defense Attorneys at 830-769-1010 for a free consultation.