Texas law allows you to clean up your criminal record in some instances, and under very specific circumstances. Once the record is expunged, you can deny the arrest ever occurred because any and all information related to it is permanently deleted. If you think you might be eligible for an expunction in Texas, contact a Round Rock criminal defense attorney to find out if you qualify for this highly beneficial legal process. The longer you wait, the longer you have to deal with the negative consequences associated with a prior criminal history.
The Law Office of Ryan H. Deck can answer your questions regarding expunction and determine if you are eligible to have your record cleaned. We are a skilled criminal defense firm that has helped many individuals with expunction and can give you valuable advice regarding the process.
Criminal Defense Attorney Serving Williamson County
Your charge may be expunged if:
You were arrested for a charge but the charge was never actually filed
Your charge was dismissed without having to do probation
You were acquitted after a trial
For a Class C misdemeanor: you successfully completed deferred disposition
If you have been charged with more than one crime in the same event, you cannot get an expunction unless neither charge resulted in a conviction. Also, you are ineligible for Texas expunction until after the statute of limitations has run. The statute of limitations starts from the date of arrest. For misdemeanors, a person can have a dismissed charge expunged two years after the date of arrest.
For felonies, the statute of limitations varies greatly depending on the specific charges. For most felonies, the statute of limitations is three years, however other felonies have different statute of limitations including 5, 7 and 10 years. Additionally, a person cannot have their record expunged if he or she has been convicted of a felony within five years of the arrest that is to be expunged. Our firm can review your criminal record and discuss all of your legal options. We will do everything we can to help you clean up your criminal past.
Difference Between Expunctions and Record Sealing in Texas
There are a few basic differences between expunction and record sealing (also called an Order of Nondisclosure). If a matter has been expunged, then all records related to that charge must be destroyed. It is as if the incident never occurred. It is perfectly legal to deny that you have ever been arrested or charged regarding that offense. On the other hand, having your record sealed is not quite as effective as an expunction, but still very useful. Once a record is sealed, it is no longer available to all private (i.e. non-State) entities.
When considering cleaning up your record keep in mind how the case was resolved. Ultimately, the case had to have been dismissed, one way or another. If the case was dismissed without having to go on probation, you may be eligible for an expunction. However, if the case was dismissed after you successfully completed a deferred adjudication probation, the case may be sealed but not expunged.
Class C misdemeanors (like Public Intoxication, Disorderly Conduct, etc) can be expunged if you received and successfully completed deferred disposition. If you simply paid the fine, you may not be eligible for either an expunction or having the record sealed.
Another aspect to consider is the various waiting periods. For expunctions in Texas, you typically must wait for the Statute of Limitations for that charge has elapsed. For record sealing, there is no waiting period for most misdemeanors. But there is a waiting period for felonies.
Ryan Deck grew up in Williamson County where he attended Round Rock High School. After graduation, he attended Trinity University in San Antonio, Texas. After receiving his undergraduate degree in Finance, he attended The University of Houston Law Center, graduating in 2003.
