Process for Sealing Criminal Records in Texas
Once you have your fingerprint cards and criminal record, go to the clerk of the District court where you were arrested. The clerk will provide you with the necessary forms: "Petition for Expunction" and "Order for Expunction". The clerk will provide you with information about the procedure, the filing fees, scheduling court dates, etc. You will need to give notice of the filing of the Petition to the District Attorney who handled your case.
Notice also needs to be given to the district clerk, the arresting police authority, and the Texas Department of Public Safety. If you have criminal law questions, we have answers. In this post, we discuss the requirements for clearing your criminal record by expungement in Texas.
Criminal history may be used by credit reporting agencies, government agencies, apartments, schools, or employers to make decisions about individuals. Those with a criminal record may be denied admission to schools, denied credit, rejected for certain jobs, or refused housing.
Criminal history may be used by credit reporting agencies, government agencies, apartments, schools, or employers. Are you or someone you know seeking expungement to clear a criminal record?
Texas Eligibility Record Expunge – Expungement Forms – Texas Record Seal
Not all crimes are eligible for expungement. Under the Texas Penal Code, the basic requirements for expungement in Texas include:.
Importantly, an individual with pending charges even after acquittal or a serial criminal might not be permitted to expunge their records in Texas. If you were charged with a crime, you were found not guilty, or your case was dismissed, you may be eligible for an expunction. If you were wrongfully arrested, your criminal record may continue to follow you for years in the future.
Unfortunately, many people are arrested by mistake.
Frequently Asked Questions – Expunction & Nondisclosure
Others successfully complete drug counseling, anger management, or enroll in court-managed classes or counseling to have charges against them dismissed. Anyone who performs a background check may access this information. It may be more difficult to get a good job, get a mortgage or other loan, enroll in college, or lease an apartment if the individual has a criminal record. When an individual is acquitted, not prosecuted, or his or her case was dismissed, expungement may be an option. After he or she is granted an expunction in Harris County, his or her records are made legally deniable.
He or she may legally state that he or she has never been arrested and never convicted of any crime.
Unless the individual is questioned under oath in a courtroom, he or she may deny an arrest occurrence, including when applying for a law enforcement or government job. After expungement, the use, release, or dissemination of expunged records by an agency is prohibited. If an individual qualifies for an expungement of their criminal record, he or she may erase or remove the arrest from local, state, and federal records. Identity theft may involve more than lost time and money.
If an identity thief committed a crime and was arrested, you may have a criminal background. For police officers to make a traffic stop or otherwise temporarily detain someone, they must first establish reasonable A DWI conviction can potentially result in a lengthy jail sentence, costly fines, license suspension, community service, and other In the event of an arrest for a drug crime in Texas, one of the most common questions people ask is whether their case will be Expunction in Texas If your criminal record is expunged, it is not released to the public and you are allowed to deny that you have been arrested in the first place.
Your criminal record is eligible for expunction if you were arrested and one of the following is true: Your charges were dismissed at trial The court acquitted you You were arrested but never charged You were convicted but later found innocent or pardoned According to Texas law, you must wait a certain amount of time prior to applying for expunction.
Record Sealing in Texas If you do not qualify for expunction, you may still be eligible for record sealing through an order of non-disclosure when you complete deferred adjudication.
How to Expunge Your Criminal Record in Texas
Can a Misdemeanor be Expunged in Texas? If you were charged with a felony, the waiting period is five years. The following are crimes which are never eligible for record sealing in Texas: Murder Domestic violence Aggravated kidnapping Human trafficking Stalking Any criminal offense which requires you to register as a sex offender How to File for Expunction or Record Sealing If you are eligible for expunction or record sealing, you must file a Petition for Expunction or Petition for an Order of Non-Disclosure from with the court your case was originally held.
Categories Criminal Defense Misdemeanor Felony.