A criminal record carries a stigma, making it difficult to accomplish goals like applying for jobs, schools, housing, loans, and more. It can affect your personal and professional future, even in cases of dismissed criminal charges. Not only is a criminal record often embarrassing and a hindrance to moving forward with a clean slate, but it’s also permanent and available for the world to see. However, your criminal history doesn’t have to define you or others’ perception of you, as you can clear your history with an expunction. With the help of an experienced Austin expunction attorney, this process is the most effective legal avenue to ensure a criminal record does not haunt you forever.
Clearing Your Criminal Record in Texas
All arrests and tickets create criminal records accessible to the public – anyone, anywhere. Fortunately, our legal system makes it possible to erase this information (a.k.a. expunction) from public records under the right circumstances – and with expert legal help. The Austin criminal defense attorneys at GHC Law Firm have handled countless successful record expunctions, and we can also help you succeed. After all, good people can find themselves in bad situations; however, mistakes you have atoned for should not have to follow and haunt you forever, and an Austin expunction lawyer can help.
Am I Eligible For an Expunction in Texas?
Even if you were never formally charged after an arrest or your case was dismissed, the charges may still appear in public documents, e.g., a criminal record. However, in Travis County, Texas, expunction (or expungement) can help eligible individuals erase or seal criminal records, keeping them out of public view. Following are the types of cases that may qualify, especially with the help of a qualified Austin expunction lawyer:
- There was an arrest, but you were not charged with a crime.
- The court found you not guilty of a crime.
- Your case was dismissed, or the charges were dropped after the statute of limitations period expired.
- Your conviction was overturned by the Texas Court of Criminal Appeals.
- Another person was arrested under your name. (ex: if you were a victim of identity theft)
- You received a pardon from the Governor of Texas or the President of the United States.
- Your case was dismissed after serving deferred disposition probation for a Class C misdemeanor.
- You successfully completed a pre-trial diversion program.
- You are the family member of a deceased person convicted of a crime you want to be cleared.
If your situation aligns with any of these criteria or you believe you may be eligible for an expunction, an Austin, Texas, expunction lawyer at the GHC Law Firm can help initiate the process of clearing your record. Like any legal proceeding, the expunction process can be complicated and lengthy. Therefore, it’s often better to let an experienced Austin expunction attorney handle it, avoiding a defective expunction that will cost more in the long run.
Process of Expunging a Criminal Record in Texas
When seeking to expunge criminal record activity, an Austin criminal defense attorney experienced with expunction cases will ensure a streamlined process, beginning with a thorough examination of your request to ensure you meet the requirements. If the requirements are met, the process unfolds as follows:
Step 1 – File a Petition
First, the Austin expunction lawyer will file a petition with the court to have your record expunged, seeking to clear your record of criminal activity. Once the petition is filed, a hearing will be scheduled to determine whether or not your record should be expunged.
Step 2 – Attend a Hearing
At this hearing, your Austin expungement lawyer will advocate for you, working to maximize your chances of success. The judge will review arguments and may also consider evidence or testimony to decide whether to approve your expunction request. Texas has strict eligibility requirements for expunctions, making it even more critical to have legal guidance. If these requirements aren’t met, your request could be denied, and you may lose the opportunity to file for an expunction for the same case in the future.
Step 3
If the judge grants your petition, the record of the arrest, including case records relating to the offense where applicable, will be erased or destroyed. If your record has been expunged, you will have the right to legally deny that the arrest happened (unless you are being questioned in a criminal proceeding).
Benefits of Expunging Your Criminal Record
An expunction allows individuals to move forward with a clean slate, removing any stigma resulting from mistakes made in the past. Expunctions are particularly helpful in cases where background checks are required, like during job or loan application processes. An expunction also allows you to omit past mistakes from graduate, medical, nursing, or law school applications. Essentially, having your criminal record expunged enables you to enjoy the freedom of living without fear of discovery, putting past mistakes behind you securely and legally.
In Texas, criminal charges can remain on your record permanently, but an expunction offers a chance to start fresh by removing those charges from public view. This provides peace of mind and a clear path to move forward. At GHC Law Firm, our award-winning lawyers bring decades of combined criminal defense experience and a proven track record of success. We specialize in handling all types of criminal cases, including Texas expungement, and are dedicated to helping you leave past mistakes behind for good.
Contact GHC Law to speak with an Austin expunction lawyer today!
Consultations are free.
FAQs
What Happens If My Record Is Sealed?
Being granted a non-disclosure order (having your criminal record sealed) may be available to individuals who have completed deferred adjudication probation. Although this option is not as effective as an expunction (the record is still viewable by governmental agencies), it is an option that will prevent the public from having access to your criminal record.
How Long Does a Felony Stay on Your Record in Texas?
In Texas, a felony stays on your record permanently unless you take legal steps to remove it, such as through expunction or sealing (nondisclosure). However, eligibility for either process depends on the outcome of the case and the type of felony.
Can Police See Expunged Records?
In most cases, law enforcement agencies and certain government entities can access expunged records, even if removed from public view. While expunction effectively clears the record for the general public, including employers and landlords, police, prosecutors, and some government agencies may still view expunged records under specific circumstances. However, Texas law restricts sharing expunged information, ensuring it cannot be used for public purposes or disclosed outside authorized contexts.
Can a Teenager Have Their Records Expunged?
Unfortunately, a minor with an arrest or conviction on their record must wait until they are at least 18 years old before filing for an expunction. When they are 18, a criminal defense attorney can help with expunction if they are qualified.
