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Having a felony on your record can affect your future in countless ways. It can limit your chances of getting a job, reduce your options for renting a home, or even change how people treat you. However, the good news is that, under Texas laws, some felony convictions and charges can be removed from your criminal record. This gives you a real chance to start over and rebuild your life.
However, before you apply for expungement, it’s important to know which cases qualify. If you have a Class C misdemeanor on your record, getting an expungement might be fairly simple, but higher charges can make things more difficult. Keep reading to find out what felonies can be expunged in Texas and how to get expungement with the help of a criminal law attorney.
Key Takeaways
- If the felony charge didn’t lead to a final conviction, you weren’t found guilty, or it was later proven that you were a victim of identity theft, the case may be eligible for expungement.
- You can get a felony expunged in Texas by filing a petition for expunction, attending your court hearing, and making sure the approved order clears your records from all relevant agencies.
- A criminal law attorney can guide you through the process and help you get your criminal record expunged without complications.
When Can a Felony Be Expunged in Texas?
If you have a felony on your record, you may be wondering whether it can be removed and how that might affect your future. Under Texas and federal law, not every felony has to stay on your record forever. In certain cases, the law allows some charges and convictions to be expunged. To regain control over your criminal history, you’ll have to understand what felonies can be expunged in Texas. Here’s when a felony can be expunged:
- The statute of limitations has expired
- The case did not result in a final conviction
- The accused was found not guilty by the court
- A pardon was granted based on actual innocence
- The person charged was later found to be a victim of identity theft
- The individual was arrested, but prosecutors never filed formal charges
- The case was dismissed or ended before a final verdict was announced
- A pardon was issued by the Governor of Texas or the President of the United States
For certain types of cases, such as charges brought through the Texas Juvenile Justice Department, might still be eligible for sealing, even if expunction isn’t an option. To learn more about sealing or expunging juvenile records, you should talk to an expungement attorney. A lawyer can help you navigate the process of clearing federal, state, or juvenile court records.
What Types of Felonies Cannot Be Expunged Under Texas Law?
Although expungement laws in Texas are designed to promote fairness, some felony offenses are simply too serious to be erased, according to the state of Texas. These offenses are restricted from expungement to protect the public’s safety and maintain trust in the justice system. Some felony or serious misdemeanor offenses that can’t be expunged include:
- Murder
- Kidnapping and aggravated kidnapping
- Sexual assault
- Drug trafficking
- Aggravated assault
- Aggravated robbery
- Criminal solicitation
- Human trafficking
- Offenses leading to registration as a sex offender
- Indecency with a child
- Felony cases placed on deferred adjudication
- Cases leading to community supervision
- Certain offenses involving family violence
As you can see, many violent offenses are not eligible for expunction in Texas. Whether for domestic violence or assault, if you’re facing charges for a violent offense, it’s important to get assistance from a capable criminal law attorney.
How to Get a Felony Expunged in Texas: The Expunction Process
If you’ve ever wanted to move forward after a criminal charge, knowing how to expunge a felony in Texas is important. It’s one of the first steps toward getting your life back on track and leaving the past where it belongs. Here’s how you can get your felony expunged:
- File Your Petition for Expunction – To begin, you’ll need to complete and submit a petition for expunction to the court. This document formally requests the removal of your criminal record. When filling out the documents, be sure to provide accurate details and pay the necessary filing fees, as any mistakes can delay the process. Getting help from an attorney is essential to ensure you file correctly.
- Attend the Court Hearing – Once your petition is filed, the court will schedule a hearing. During this proceeding, your attorney and the prosecuting attorney will have the opportunity to present arguments. Then the judge will review the facts and determine whether you meet the legal requirements for expunction.
- Order for Expunction – If the court grants your petition, an Order for Expunction will be issued. This directs law enforcement agencies, courts, and other criminal justice agencies to destroy or seal all district records related to your case.
If the court denies your expunction petition, you may still be able to file an appeal to challenge the court’s decision and request a reconsideration. Keep in mind that there is also a waiting period that will need to elapse before you can make a petition for expunction.
Clear Your Criminal Records in Texas With Help From a San Antonio Criminal Law Attorney
Clearing your criminal record starts with knowing your rights. Whether your case was dismissed, you were wrongfully accused, or your charges never led to a conviction, understanding what felonies can be expunged in Texas is the first step toward reclaiming your freedom.
At the Law Office of John G. Perez Jr., John helps clients across San Antonio handle the process of felony expungement in Texas. Our experienced expungement lawyer can review your case, determine your eligibility, and handle the legal paperwork from start to finish. You don’t have to face this process alone; let our team help you clear your record and move forward confidently.