If you have ever been arrested, charged, or convicted of a crime, that information gets put on your criminal record. Most people assume law enforcement officials access it, but very few know that the public has access as well! A public criminal record can negatively impact your reputation or even prevent you from getting a job or housing. Fortunately, Texas expunction laws allow you to clear your record of some criminal offenses.
Several detailed nuances exist when seeking an expunction. Exceptional detail and care must be shown to ensure each form is completed accurately and submitted to the proper court. Any mistake could cause significant delays or other negative consequences. When applying for an expunction, you need skilled legal help. At the Aulbaugh Law Firm, James can help you with your petition for expunctions. His experienced understanding will ensure your petition is filed correctly.
If you need help removing information from your criminal record, call (214) 380-3383 today!
What is an Expunction?
In Texas, an expunction allows individuals who have been involved in certain criminal matters to clear their records. If your expunction is granted, the arrest, charge, or conviction information is permanently removed and no longer accessible to the public.
How To Expunge Your Record In Texas
Expunging your criminal record in Texas is a legal process that allows you to erase or seal certain criminal records, making them unavailable to the general public, including potential employers or landlords. The eligibility and process for expungement in Texas can vary depending on the type of offense and the outcome of your case.
Here are the general steps to expunge your record in Texas:
- Determine Your Eligibility: Not all criminal records are eligible for expungement in Texas. Generally, you may be eligible if:
- You were arrested but not charged with a crime.
- You were charged with a crime, but the charges were dismissed or you were acquitted.
- You completed a pretrial diversion program or a deferred adjudication probation program for a specific type of offense.
- Obtain Your Criminal Record: Request a copy of your criminal record from the Texas Department of Public Safety (DPS) to confirm the accuracy of the information and to identify the specific charges you want to expunge.
- Complete the Necessary Waiting Period: There may be a waiting period before you can apply for expungement, depending on the outcome of your case. For example, you may need to wait until the statute of limitations has expired for certain offenses or until you have successfully completed probation or deferred adjudication.
- File a Petition for Expunction: Prepare a petition for expunction, which is a formal legal document requesting the court to expunge your record. You will typically need to file this petition in the same county where the charges were filed. Include all relevant information, such as case numbers, arrest dates, and the reasons for expungement.
- Serve Notice: If required by law, serve notice of the expunction petition to the prosecutor, law enforcement agencies, and any other relevant parties.
- Attend a Hearing (if necessary): In some cases, you may need to attend a hearing to present your case to the judge. This is more common when there is opposition to your expungement.
- Obtain a Court Order: If the judge grants your expunction petition, you will receive a court order specifying the records to be expunged.
- Submit the Court Order to Law Enforcement Agencies: Provide a copy of the court order to relevant law enforcement agencies, such as police departments and the DPS, to ensure that they expunge the specified records from their databases.
- Verify the Expungement: It's essential to follow up and verify that all relevant agencies have complied with the court order to expunge your records.
- Update Your Personal Records: Once your record is expunged, you should update your personal records, such as your resume, to reflect the expungement.
Keep in mind that the expungement process can be complex, and it's advisable to consult with an experienced criminal defense attorney who specializes in Texas expungement cases. They can guide you through the process, ensure that you meet all eligibility requirements, and help you navigate any legal complexities involved.
Who Qualifies for Expunction?
A person must meet strict, specific criteria to be eligible for expunction.
Criminal matters that may be removed from a record:
- An arrest that didn’t result in a formal charge
- A charge that was subsequently dismissed
- Specific juvenile offenses
- Class C misdemeanors
- A conviction that was later pardoned
Not all criminal matters can be expunged. To determine whether your specific circumstance qualify for an expunction, call James Aulbaugh, your Dallas expunction attorney. James will review your specific circumstances and let you know what your legal options are.
Waiting periods vary. Contact James Aulbaugh today to see if you are eligible. (214) 380-3383
What does an Expunction do?
If granted, the arrest, charge, or conviction will be wiped from your record. Once your arrest, charge, or conviction is off your record, if a potential employer (or anyone else for that matter) asks if you’ve been involved in a criminal matter, you can legally say no. This does not apply if you’re giving testimony at a criminal proceeding and asked about your history. You won’t be required to give details about the arrest, charge, or conviction, but you must say that the matter was expunged.
Get Experienced Legal Advice for Your Expunction
If you are ready to clear your criminal record? Contact The Aulbaugh Law Firm. James will help prepare and submit your petition and represent you at your hearing.
5-Star Client Testimonials
"Made a connection with me that was below the surface level."Molly H.
"He restored my faith in attorneys."Stacy G.
"Aulbaugh Law Firm is amazing! True experts."James N.
QualityWe dedicate ourselves daily to our mission of providing the best possible result while providing the highest-caliber experience.
You'll get James and an entire team behind you, with personal calls, frequent meetings, and constantly-updated communication.
AccreditedBoard Certification in Criminal Law gives him the expertise to utilize every legal option and defense applicable to your case.
ExperienceJames’ extensive experience as a former Chief Felony Prosecutor gives him unique insight into the charges you face and how to beat them.