Expungement in Texas

Texas Expungement Law

Cleaning the Record

When you are arrested, the consequences from the charges can affect your entire life for a long time. Even if you get the charges dropped, they can still be on your record, which can create issues with mortgages, leases and even employment. When this happens, the best way to protect yourself and begin to repair the problems in your life is through expungement or record sealing.

Understanding the Law and Expungement in Texas

The first thing to understand is that there is a difference between expungement and record sealing. Record sealing, also known as non-disclosure, means that access to your prior record is limited and most people will not be able to see your criminal history. However, the documents are still there and can be opened with a court order. And, with nondisclosure, law enforcement agencies and all Texas professional licensing agencies will still see the records.

Expungement, on the other hand, gets rid of your criminal record entirely. It is no longer there for anyone to find, even with a court order. Any electronic or physical copy of the file are destroyed as if they were never there to begin with. The judge will have less discretion concerning expungement requests than with sealing records.

Clearing Your Name

At The Law Office of Philip M. Gommels, we will fight for your right to have your record expunged. There are several circumstances under which people can be eligible for expungement. An attorney can help you determine if you fall into these categories. These include, but are not limited to:

Arrested but not charged
Charges were dismissed
Charges resulting from identity theft
Criminal Court of Appeals acquittal

Hire an Expungement Lawyer Immediately

If you have been charged with a serious offense that threatens your life, and you expungement in Texas then contact Philip M. Gommels. The processes for having this done are complex and detailed, and only an attorney has the expertise to help get you through. If you or someone you know needs to have your record expunged, call us today for a consultation.

Texas Expungement Attorney

What is expungement?

To start, expunging criminal records in Texas is a process that comes after conviction. In short, this process prevents access to criminal records. Further, expungement (also known as expunction) happens when someone is arrested but not convicted. Or, if a person successfully completes deferred adjudication, expungement can take place for class C misdemeanors.

In general, expunged criminal records do not show up on background checks. Usually, if people expunge their records, they do not have to disclose them when asked. As a result, this helps people find a job more easily.

Finally, the Texas Code of Criminal Procedure 55.01 states that “a person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged.” However, there are certain conditions that must be met.

What does it mean to expunge a Texas criminal record?

As stated previously, expunging a Texas criminal record means to erase crimes from the record when a person is arrested but not convicted. Under Texas law, an expunged criminal record cannot be:

Released
Maintained
Disseminated

To explain, government agencies with the record are not allowed to do any of the listed things for any reason.

Plus, people with expunged records can say that the incident never took place. In fact, they can even deny being arrested in the first place. Finally, they do not have to disclose that they had their criminal record expunged.

As a result, people have a better chance of gaining employment when they apply for jobs. Again, people do not have to disclose that they have an expunged record. And they don’t have to say they were arrested if asked.

However, there is an exception. If a person is asked under oath, all they have to say is that their record has been expunged. They don’t have to go into anymore detail than that. In addition to a motion for a new trial, expungement is a form of post-conviction relief in Texas.

Which criminal records can be expunged?

In Texas, only a few criminal records can be expunged. In most cases, these are usually arrest records. For instance, Texas only allows expungement for the following types of criminal records:

Arrest records that did not lead to conviction
Arrest records for certain acquittals
Convictions that were pardoned or overturned on appeal for actual innocence
Certain juvenile misdemeanors
Criminal charges that were dismissed and the statute of limitations has expired
Class C misdemeanors, after a successful deferred adjudication

If an arrest did not lead to conviction and the waiting period expired, records can be expunged. In general, the waiting period depends on the type of offense:

Class C misdemeanors: 180 days
Class A or B misdemeanors: 1 year
Felonies or any misdemeanor arrest involved with a felony offense: 3 years

Plus, a person cannot have any pending criminal charges to be eligible for expungement.

Finally, an acquittal can make someone eligible for arrest record expungement. However, this is not the case if there was another conviction during the crime.

What’s the difference between expungement and sealing a record?

Under Texas law, expungement and sealing a record are two different things. In fact, this makes Texas different than any other state.

To explain, sealed records come with an Order of Nondisclosure. Similar to expunged records, sealed records are removed from public record. As a result, the public cannot access them. So, a person with a sealed record can deny that it happened. Thus, this helps people, like job applicants, keep their criminal record hidden.

Still, sealed records are accessible to certain government agencies. Plus, these agencies can disclose the information with some public employment and licensing agencies. For instance, a sealed record can be shared with these agencies:

Texas Board of Nursing
State Board of Educator Certification
Texas Education Agency

In addition to sharing information with certain agencies, sealed records can also be used in court.

To summarize, sealed records are only removed from public record. But they can still be disclosed under certain conditions.

What penalties result from disclosing an expunged record?

Expunging a record to keep a criminal record hidden is not the end of the process. As a matter of fact, it can be ongoing. If anyone knowingly does any of the following with an expunged record, they are committing a Class B misdemeanor:

Releases it
Uses it
Fails to return it
Disseminates it
Does not destroy identifying details in the record

Can a deceased person’s record be expunged?

In short, yes. But it has to be a close relative that expunges their record. Plus, it has to be eligible for expunction. To be specific, a close relative who can expunge a deceased person’s record are:

Spouses
Parents
Adult children of the deceased
Adult siblings of the deceased
Grandparents

If you (or a deceased relative) have a criminal record that you would like to expunge, you need an expungement attorney. As stated, Texas is a unique state with strict, complex laws around expungement. Fortunately, the Law Office of Philip M. Gommels, PLLC has expungement attorneys with the skills and expertise to fight for you in the courtroom. So, improve your chances of finding a job and keeping your criminal record hidden. Give us a call today!

Request Consultation

Fill out the form below to receive an initial confidential consultation.