How To Get A Misdemeanor Expunged In Texas – If you or someone you love has been detained for a felony or misdemeanor, it’s only natural to be concerned about how this event will impact your future. Even if you were never formally charged, your arrest record can follow you and limit your employment and housing options. In Texas, you may be eligible to petition for the deletion of your non-custodial record, allowing you to deny that the arrest occurred. You will no longer be required to disclose this information when applying for employment or housing, and courts and law enforcement agencies will be prohibited from releasing deleted records. The only time you are still obligated to admit that an arrest occurred is when you are under oath. If you think you may be eligible for expulsion in Texas for an arrest that does not lead to a sentence, read below to learn more. Eligibility Requirements for Unpunished Dismissal
If you are detained and subsequently released or pardoned, or if no conviction has occurred, then you may be able to request the removal of this arrest record. You may be able to request that an arrest be removed from your criminal record if:
How To Get A Misdemeanor Expunged In Texas
While there are other circumstances in which you may be eligible to pursue arrest record deletion, it is best to contact a knowledgeable criminal defense attorney to determine your best path forward.
Ways To Remove A Felony From Your Record
Once you determine that you meet these basic requirements, you may have to observe a certain waiting period before you can request an exception. If your arrest does not result in any charges, you may need to wait 180 days for Class C offenses, 1 year for Class A and B offenses, or 3 years for felony before you can begin the release process. If a lawsuit is filed but is later dismissed, you may need to wait for the statute of limitations for any offenses that can be brought against you related to your arrest that has expired. Once you meet the requirements, you can file a petition. It is highly recommended that you work with an experienced criminal defense attorney at this phase of the process to ensure that you complete the paperwork properly.
If you are interested in learning more about requesting non-custodial records in the Pearland or Houston area, contact the Law Offices of Keith G. Allen, PLLC at, telephone (832) 230-0075 to schedule a free consultation with an expert and experienced criminal defense attorney today. this. Some of us make mistakes in life, and some of these mistakes can follow us for years. A criminal record, for example, can really affect the opportunities presented to you later in life. A criminal history, even without punishment, can affect your insurance level, credit, employment, and reputation in your community.
Sometimes this isn’t fair. Perhaps you made mistakes in your youth that you have learned. Or maybe you were found not guilty of the crime, and were surprised to see that the arrest was on your criminal record.
Whatever the case, many people hope to erase their criminal records and move on with their lives. This can be done through a process known as deletion or non-disclosure. Read on, and our San Antonio criminal defense attorneys walk you through everything you need to know about deletion in Texas or the confidentiality of your records.
More States Consider Automatic Criminal Record Expungement
In Texas, filing an exemption petition is a process that legally removes an offense from a person’s criminal history file. Deletion will force state agencies and private companies to delete references to your arrest in their electronic files and to destroy hard files associated with your arrest. There are a few different ways to qualify for waiver in Texas, but they usually require you to have your case dismissed or acquitted (found “Not Guilty”) by a jury. Elimination can be granted immediately after the case ends or even months or years later.
Many different types of crimes qualify for elimination in Texas. Even sexual offenses can be abolished. However, exemptions can only be obtained for Class C Offenses without penalty (including dismissal through deferred adjudication or deferred disposition), when no formal charges have been filed (the offense has never been charged), the charge has been dropped, upon successful completion of the Pre-Diversion Program Probation, a jury acquits you, you receive a pardon, or a court of appeals puts an acquittal on your record.
Depending on how your case is closed, there are different waiting periods. For pardons, acquittals by an appeals court, or after a “Not Guilty” jury verdict, there is no waiting period. In fact, if you win a jury trial, then Texas will waive your filing fees and allow you to use an expedited process to erase your criminal history. Otherwise, you should, in general, wait one year for a misdemeanor and 3 years for a felony.
Generally, disposal costs about $600 in filing fees and processing service fees only. Your legal fees for a San Antonio acquittal attorney can easily exceed $3,000. However, you can delete more than one arrest at the same time in a petition, assuming each arrest is eligible. However, evictions are well worth the cost, as they can increase your earning potential and bring greater peace of mind.
Do You Qualify To Get Your Criminal Record Expunged In Texas?
After deleting your criminal history in Texas, you are legally permitted to deny that you have been arrested in job applications and other contexts. In fact, it is a crime to knowingly disclose information that is subject to an expulsion order in Texas. It is also a crime to knowingly fail to destroy that information. There are civil legal sanctions as well. Elimination is powerful and effective in giving the accused person a fresh start.
Even if you don’t qualify for a full exemption, there may still be hope in your case. You may still be eligible for a confidentiality order, sometimes called “sealing your records” in Texas.
When you get acquitted, your criminal record is basically destroyed. The charges became largely untraceable. With the secrecy command, the records are still there but more difficult to access. Civil employers, for example, won’t be able to see your criminal history.
Texas law also allows you to file a confidentiality petition if you have completed a suspended trial trial, even for most felony cases. In Texas, deferred adjudication is a type of plea agreement in which the defendant agrees to public scrutiny (“probation”) and the court dismisses the case if the defendant successfully completes probation.
Getting A Crime Expunged In Texas: What You Need To Do
Recent changes to Texas secrecy laws allow some people to cover their criminal histories even with conviction. For example, first-time DWI violators may request disclosure of their DWI conviction if they have no other criminal history.
Sealing your notes can still provide a lot of deletion benefits. When records are sealed, only a small group of government agencies and entities can see your criminal profile. In the eyes of the public, your criminal record has basically been cleared.
However, there are some crimes that will always arise in a criminal context in Texas. This includes kidnapping, murder, sex crimes or family violence, and stalking. If you have been charged with this crime, you will have a hard time deleting it or hiding it from your records.
If you were a minor when you were convicted of a crime, you have a greater chance of sealing your record. Judges are usually more lenient with minors in court.
Crimes That Can Be Expunged In Texas
There’s no reason you wouldn’t want a destructive capture of your records as quickly as possible. But the legal process involved in exemption and non-disclosure takes a little time. Calculating your waiting period is a fairly technical process. Using our first DWI example, again, the person would have to wait two or five years to request a seal on their record, depending on whether they experimented with a “deep lung breath test device” (“interlock ignition”) for at least six months. Calculating your eligibility date can be tricky even for experienced removal attorneys.
A hearing appointment will usually take at least 30 days after the request, generally longer. If your petition is granted, the agency can take up to 12 months to destroy records, but should be quicker to seal it. However, if you need a quicker expulsion or sealing, let your attorney know.
Usually, you should expect the deletion to take 60-90 days before your records start cleaning in a background check. Non-disclosure may be immediate, but some private companies may not update their records without being specifically notified of the order.
Obtaining your criminal record or writing a confidentiality order can be a complicated and confusing process. But you can give the best chance of getting your court date as soon as possible by working with an experienced attorney.
Kentucky Expungement Form
Some individuals require expulsion or secrecy orders to find a better job, get married, or perform some important task, or improve credit.
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