Criminal history is used by governmental agencies, schools, employers, apartments and credit agencies to judge a person. This can result in the denial of admission to schools, employment, housing and credit.
An arrest record can haunt you for years to come, even if you were wrongfully arrested. Everyday, citizens are arrested by mistake only later to have the charges dropped or are found not guilty. Some go through anger management, drug counseling or other counseling and then have the charges dismissed, yet still do not have a clean record. Information about your arrest is part of the public record, available to anyone who does a background check. With an arrest on your record, you may find it harder to get a job, to rent an apartment, get a loan or mortgage, or get your application to college accepted.
But now under current Texas laws, many of these offenses can be removed legally from your record through the expunction process.
If your case was dismissed, acquitted or not prosecuted, you may be eligible to have your record expunged. Once expunged, the release, dissemination or use of expunged records by any agency is prohibited. The Texas expunction procedure (Texas Code of Criminal Procedure, Chapter 55) allows you to expunge an arrest that did not lead to a conviction, community supervision or a Class C Misdemeanor that resulted in deferred adjudication probation (community supervision). In Texas, if a person does qualify to expunge their criminal record, they can remove or erase their arrest, booking and court proceedings from the local, state, and federal records. When you are granted an expunction of an arrest in Texas, all records of the arrest itself, jail detention and fingerprints and DNA sample(s) if taken are destroyed! Your record would be as clean as if the event never took place. The release, dissemination or use of expunged records by any agency is prohibited “for any purpose.” Section 55.03 specifies that unless being questioned under oath in court, you may deny the occurrence of the arrest and expunction order for all purposes— including when applying for government and law enforcement jobs. Also with the issues of identity theft, you may even have something on your background that was not you! A new beginning is just ahead.
Act NOW and Restore Your Good Name
If you’d like to clear your record, contact The Gilbert G. Garcia Law Firm, a Texas criminal defense attorney well versed in expunctions. We can file a petition for expunction if your case was dismissed, declined, or if you were found not guilty of any offense.
What is an Expunge Motion?
An expungement, or sealing, of a criminal record is a legal process that can clear criminal arrests including DWI/DUI from a person’s record. An expungement takes place when a legal action is filed with the court in which the conviction occurred and judge orders the criminal record cleared.
Benefits of Having Your Texas Record Expunged
- Tell employers that you have not been convicted of a crime
- Become eligible for school acceptance and/or student loans
- Become eligible for housing leases or mortgages
- Become eligible for more types of professional licenses and certificates
- Tell friends and family that you have not been convicted of a crime
- Clean background check
Who is eligibility?
Expunction is very powerful, but can be tricky to qualify for. The list of situations that exist that do qualify include arrested but never went to court, charges were dropped, charges were dismissed, you were found not guilty, you were no-billed by a grand jury, you won on appeal, or you were pardoned by the governor.
If you were arrested in Texas, you are likely eligible to have your record expunged if you meet the following criteria:
Class C Misdemeanors
- Successfully completed deferred adjudication AND
- Not convicted of felony in the five years preceding the date of arrest
Felony or Class A and B Misdemeanors
- Acquitted in trial OR
- Convicted and subsequently pardoned OR
- The charges were dismissed and the statue of limitations has expired
(unless the dismissal was due to the fact that there was mistake,
false information or no probable cause), AND
- Not convicted of a felony in the five years preceding the date of arrest
What is the process?
Once you hire us, we can file the proper documents with the court and a request a hearing to be held to determine if an expungement can be granted in your case. We will prepare all of the documents for you and deliver them ready to be signed, notarized and filed with the courts.
We will attend the hearing and guide you thru the process.
How long does it take for my record to get expunged?
It will take roughly three-four months for this process.