As many people who have been convicted of a crime can attest, it can be difficult to overcome the negative stigma that follows involvement with the criminal justice system. Texas provides for the ability to expunge a criminal record, which is known as “expunction.” Here is what you need to know about this process and how to take advantage of it.
Expunction Process
In Texas, to have your criminal records destroyed, you must generally receive an order of expunction. This process is not automatic. You have to complete a petition and file it with the court, bringing the case against the prosecuting office. A criminal defense lawyer is often needed to navigate this system.
If your expunction petition is granted, the offense is removed from your criminal history file. All state agencies and others with your criminal records are ordered to destroy these records.
To qualify for expunction, you must show that the specific crime can be expunged, and you fulfill the waiting period, if applicable.
Crimes That Can Be Expunged
Under Texas’ expunction law, you can generally expunge criminal records related to crimes that were dismissed against you or that you were acquitted of. You can expunge records when you are:
- Acquitted of the charges by a jury
- Convicted but subsequently pardoned
- Had the charges against you dismissed when the statute of limitations has expired
- Never had an indictment placed against you
- Completed a pre-trial diversion program
- Had an appellate court acquit you
Waiting Period
There is a waiting period before you can petition for expunction in some cases, including:
- Class C misdemeanor – For a Class C misdemeanor like possession of drug paraphernalia 180 days from your arrest date
- Class B misdemeanor – A Class B misdemeanor like DUI cannot be expunged until it has been at least one year from your arrest date.
- Class A misdemeanor – You must wait at least one year after your arrest of a Class A misdemeanor like theft of property valued between $750 and $2,499.
- Felony – For felony offenses, you must wait at least three years from your arrest date.
Texas law does not give you a waiting period to petition for expunction if you were acquitted, found to be factually innocent, or pardoned. Texas actually provides an expedited process to help clear your criminal history in these situations.
Contact Vinas & Graham PLLC To See If You Qualify For Expunction
If you would like to find out if you qualify for expunction and how an expunction could positively affect your life, contact Vinas & Graham, PLLC. Our knowledgeable Texas criminal defense lawyers can assess your case and determine all available options, whether that means an expunction, non-disclosure, or diversion program. You can also follow us on Facebook to stay in touch with our firm.
