A criminal record can cause challenges in countless areas of life, from the jobs you can get to the places you can live. If your criminal record in Texas is hampering your ability to live the life you intended, you should consider talking to a criminal defense attorney about expungement.
Expungement or expunction is the legal process through which your arrest records and all records related to a given case can be deleted by the court. Without an expungement, your criminal history will be visible to law enforcement agencies and will appear anytime someone completes a background check on you.
If you’ve been found guilty of a crime in San Antonio, you have options for clearing your criminal history. Keep reading to learn more about getting criminal records expunged in Texas.
Key Takeaways:
- Expungement is the process of deleting a record from your criminal history.
- Only certain types of charges can be expunged in Texas.
- Most violent crimes will not be eligible for expunction.
- Getting records expunged can be complicated, but an attorney can help carry out and streamline the process.
What Criminal Records Can Be Expunged in Texas?
Before you can start the expungement process, you will need to determine whether or not your charges qualify for expungement. Under Texas laws, only certain cases will be eligible for clearing. These limits are put in place in an effort to protect public safety, but they can make the process more complicated. You may be able to seek expunction in the following types of cases:
- Cases in which no final conviction was reached
- Cases involving an acquittal
- Cases involving a pardon based on actual innocence
- Cases in which the statute of limitations has expired
- Cases involving certain misdemeanor offenses
- Cases involving a dismissal
- Cases in which the accused was a victim of identity theft
- Cases involving an arrest but no charges
- Cases involving a not-guilty verdict from the court
- Cases involving a pardon from the Texas Governor or U.S. President
As you can see, the category of charges that may qualify for expungement is restrictive. The timeline for clearing your record will also depend on your offenses: for instance, Class C misdemeanors can be expunged six months sooner than other misdemeanors. To determine eligibility for your case, you should consult with a capable expungement attorney.
What Criminal Records Cannot Be Expunged in Texas?
While Texas law states that only certain crimes can be expunged, it also lays out a list of charges that cannot be expunged. You may not be able to access an expungement in your case if it involves any of the following:
- Aggravated assault
- Drug trafficking
- Sexual assault
- Kidnapping
- Criminal solicitation
- Indecency with a child
- Murder
- DUIs and DWIs
- An offense involving family violence
While cases of aggravated assault and murder will not be eligible for expunction in Texas, some cases involving a felony conviction may qualify for expungement. Another factor that can play a role in whether or not you will qualify for expungement is deferred adjudication, a type of community supervision similar to probation.
Do You Need a Lawyer to Get Your Criminal Record Expunged?
Next, before you can move forward with the expungement process, you will need to ensure that you have the legal support you need. If you plan to request expungement in your case, you should consult with an experienced expungement lawyer. The legal process for clearing criminal records is complicated, and completing and filing the proper forms will be essential to getting the outcome you want. An expungement attorney can ensure that you’re taking all the necessary steps to clear your records and your name.
How to Get Your Record Expunged in San Antonio
Now that we’ve discussed the steps you will need to take before filing your petition for expungement, we can explain the actual expungement process.
- Filing Your Petition for Expunction – First, you will need to carefully complete the necessary forms to file an expungement petition and pay the filing fees.
- Your Court Hearing – The court will schedule a hearing during which both the defendant and prosecuting attorney can state their case.
- Getting the Records Cleared – If your petition is approved, then the court will send instructions to all relevant agency offices to order the deletion of all relevant documents.
Keep in mind that if the court rules to deny your expunction petition, you may be able to successfully submit an appeal of the decision.
Can I Expunge Juvenile Records in Texas?
One final question that we’re frequently asked is how Texas law dictates the expungement of juvenile crimes. In Texas, juvenile records are automatically sealed by the probation department when the offender meets statutory requirements. To learn whether or not this applies to you and what it might mean for your criminal history, your best option is to consult with an attorney.
A San Antonio Expungement Lawyer You Can Trust
Your criminal record can hold you back in all areas of life, but you may have options for getting that record wiped clean. Getting the legal assistance you need may be essential to achieving the outcome you’re looking for.
We all make mistakes, and there should be methods for recovering after a bad choice is made. If your criminal record in Bexar County is standing in your way, reach out to expungement attorney John at The Law Office of John G. Perez Jr. to learn if your case may be eligible. We can help you complete every necessary form and reduce the likelihood that your petition for expungement will be denied.