Expunction

If a court orders an expungement, the criminal record cannot be released or used for any reason.

You can even deny ever being arrested for the offense.

Benefits of an Expunction

The benefits of having your records expunged far outweigh the waiting period and the costs incurred during the process. Having a clean slate to start over again without worrying about your criminal past provides peace of mind as you go about your life. Some of the benefits include:

• You can confidently tell a potential or current employer that you have no criminal history. Such information can be quite a boost to your career and social life without worrying about people looking at you differently or refusing to hire you.

• Expunction increases your eligibility for educational programs and student loans. You can further your education and professional career without worrying about not qualifying for key programs in which you are interested.

• You can qualify for housing rentals and mortgage loans. You will not have to worry about finding a home for you and your family because you can afford home loans as a result of having your record cleared.

• Have a clean background check. The constant worrying about people finding out your criminal background does not have to be a concern once your record is cleared.

Am I eligible for an expunction?

In order to qualify for an expunction in Texas, one of the following conditions must be satisfied:

• You were acquitted for the crime for which you were charged;

• You were convicted, but later found to be not guilty of the offense;

• You were convicted, but later pardoned for the crime;

• You were charged by indictment or information, but the charges against you were dismissed, or the statute of limitations regarding your case expired;

• You were arrested, but never officially charged;

  and you satisfy the required waiting period.

 Waiting Periods

Class C Misdemeanor: you must wait 180 days from the date you were arrested.

Class A or Class B Misdemeanor: you must wait one year from the date you were arrested.

Felony: you must wait three years from the date you were arrested.

If you were found not guilty at trial, innocent after being convicted, or was pardoned for your crimes, then there is no waiting period needed before applying for expunction in Texas.

Nondisclosure

If a court grants an order for nondisclosure, the criminal record is sealed. While, the general public will be unable to view the record, some agencies will retain access to your sealed criminal information.

Am I eligible for a nondisclosure?

An order of nondisclosure may be available to you in a situation where you pled guilty or no contest to the charge and you were placed on deferred adjudication. In addition to that, you should have also been successful in completing the deferred adjudication community supervision.

The following offenses are not eligible for an order of nondisclosure:

• An offense that requires you to be listed as a sex offender

• An offense categorized as aggravated kidnapping

• Human trafficking

• An offense that causes injury to a child, an elderly or a disabled person

• Murder

• Stalking

• An offense regarding family violence

Waiting Periods

Class C Misdemeanor: There is no waiting period.

Class A or Class B Misdemeanor: You must wait two years from the date you were successfully discharged from deferred supervision.

Felony: You must wait five years from the date you were successfully discharged from deferred supervision.

Juvenile Record Clearing

Under Texas law, you may petition your case for juvenile record sealing. For you to be eligible for record sealing, you should have no convictions, whether a misdemeanor, felony, or adjudications since the time of your discharge. Also, you must not have served a determinate sentence in a juvenile penitentiary. You are required to wait for two years from the time of your discharge. However, if there was no adjudication, there is no waiting period.

Early Termination of Probation

If you are serving probation, you may have a chance for early termination or reduced time through a court petition with the help of your lawyer. In order to be eligible, you must meet the required waiting period, clear all outstanding fees, restitution, and fines. You must also have completed all the court-ordered classes and conditions to probation. The judge is then required to make a decision if discharging you early from probation is the right choice.