One of the worst parts of a criminal conviction or, for that matter, an arrest in Texas is not necessarily the sentence – which may include fines, incarceration, probation, or other forms of punishment – but the collateral consequences. Collateral consequences include the social and financial harm associated with an arrest or criminal record. Because of the latter, you can lose your job or miss out on career opportunities. Your reputation is at stake as much as your financial future.
This is true for people who made a mistake but are otherwise law-abiding citizens. Think of drunk driving cases, where a person underestimates their blood alcohol content and ends up getting arrested. An incident like this can happen to the best of us as well as the worst of us.
At Terry M. Norman, P.C., our expunction/expungement lawyer based in Texas handles all types of expunction/expungement cases and, when appropriate and applicable, sealing of the record cases. Getting criminal convictions and arrest records expunged is your best means of safeguarding your future. Contact us at (325) 597-0796 to schedule a consultation and to learn more about what opportunities are available to you.
Understanding Expunction/Expungement in Texas
Expunction/expungement is the process of erasing a criminal arrest or conviction from your record via a court order.
Once a record has been expunged, it's as though it never existed. You typically don't have to disclose it to potential employers, landlords, or professional licensing boards. However, expunction/expungement can't erase memory—if your record was already made public via news reports or social media, an expungement won't fix this.
Federal expungements are very rare, with most expunction/expungements occurring in state courts. The availability, eligibility criteria, application process, and consequences of expungement vary widely between state jurisdictions.
Expunction/expungement is not available in every state. Some only allow a record to be sealed—meaning the public cannot access it, but certain government agencies can.
Where it is available, the expunction/expungement process typically involves a few steps:
- Filing a petition or application, along with supporting material and filing fee, with the court that heard your case.
- Serving the application on the prosecutor.
- Attending a hearing that will be set for the court to decide whether to issue an expunction/expungement order.
Again, each state has its own laws specific to expunction/expungement, and that includes the expunction/expungement process. You should always consult with a criminal defense lawyer in Texas if you want to learn more about expunctions/expungements. Contact our criminal defense attorney located in Texas today at (325) 597-0796 to get started.
What Qualifies for Expunction/Expungement in Texas?
Whether an arrest or conviction is eligible to be expunged depends on the relevant state's laws unless it's a federal arrest or conviction. But again, federal crimes are rarely expunged. In fact, only individuals convicted of minor offenses under the Controlled Substances Act can have their federal record expunged. 18 U.S.C. § 3607(c). In the latter instance, you should speak to a federal criminal defense lawyer in Texas to learn more.
Eligible Arrest Records in Texas
The outcome of the case may also be relevant. Most states allow non-conviction offenses to be expunged, which include:
- Arrests with no subsequent conviction
- Charges that resulted in an acquittal
- Charges that were dismissed or withdrawn
- Cases resolved via a diversion program
Benefits of Expunction/Expungement in Texas
An arrest or criminal conviction can have serious long-term consequences beyond any sentence imposed by a court. A criminal record can affect your ability to find employment, secure accommodation, apply for a loan, and obtain a professional license.
Expunction/expungement gives you another chance at a “clean slate.”
It can open up job opportunities that may have previously been closed by your criminal history and make it easier to secure accommodation. It may also help when applying for loans.
Alternatives to Expunction/Expungement: Nondisclosure "Sealing of the Record
If you are ineligible for expunction, but received and successfully completed the terms and conditions of a deferred adjudication agreement, you may be eligible for a non-disclosure order. The process of obtaining a non-disclosure order is often referred to as "sealing your record".
Where a record is sealed, it cannot be seen by members of the public, like landlords, employers, and creditors. However, the record still exists and can potentially be accessed by certain government agencies, like law enforcement, courts, prosecutors, immigration agencies, and professional licensing boards.
Three Reasons to Hire an Expunction/Expungement Attorney in Texas
The availability of expunction/expungement and the application process to file an expungement petition are state-specific. Eligibility criteria can be complicated, with several overlapping laws governing expungements. The process can also be complex, involving strict compliance with the rules and provision of relevant supporting documentation.
While you can represent yourself in an expunction/expungement petition, it's worth speaking to an attorney for the following reasons:
- Ensure eligibility. We will advise you whether you are eligible to apply. The eligibility requirements for expunction/expungement are updated regularly, and our criminal defense attorney is familiar with the current legal position. We will review your criminal history, personal circumstances, and the law to confirm whether you can apply for an expungement or sealing of your criminal record.
- Strong, persuasive application. We will also help you prepare a strong expunction/expungement application. Our criminal defense lawyer knows how to obtain copies of the documents you need and will help you develop submissions as to why the judge should expunge your record.
- Improved chances of success. It is important to get an expunction/expungement petition right. In some states, a refusal may bar you from reapplying for a certain period of time.
In sum, our expunction/expungement attorney will review your case, advise you about your options, and help you navigate the process to a successful conclusion.
Contact an Expunction/Expungement Lawyer in Texas Today
If you have a criminal record in Texas and think you may be eligible for expunction/expungement or non-disclosure, you should pursue the expunction/expungement or non-disclosure (as applicable) immediately. The sooner you do, the sooner you will benefit from a clean slate. At Terry M. Norman, P.C., our expunction/expungement/nondisclosure lawyer in Texas handles these types of requests with urgency and accuracy. Contact us today by either filling out the online form or calling us at (325) 597-0796 to schedule a consultation.