In the state of Texas, expunction is the removing of all criminal history regarding an arrest. This includes court information, jail, detention, and fingerprints from all local, state, and federal records. After expunction, if you are asked if you have ever been arrested, you can legally say, "No."
Today, background checks are commonplace when applying for employment, school admissions, renting an apartment, or credit. With a criminal arrest on your record, likely, you will not be approved.
When Does Expunction Make Sense?
There are many circumstances where expunction makes sense. If you have been arrested by mistake, had your charges dropped, or have been found not guilty, expunction may be an option for your case. Attending a court-ordered counseling program such as drug or alcohol counseling, you may want to investigate the expunction process.
You may not know that if you have accepted deferred adjudication (successful completion of probation with subsequent dismissal of your case), your arrest record is still public information, viewable for anyone who cares to view it. If you have been arrested and feel expunction may be a possibility in your case, don't wait.
Who is Eligible for Expunction?
If you have been arrested for a Class C misdemeanor such as minor theft, public intoxication, domestic violence, assault, and pled guilty or no contest and then received deferred adjudication, you may be eligible. If you were arrested and tried for a misdemeanor or felony and were acquitted or convicted and the case was dismissed or you were pardoned, you may be eligible.
Even if you do not qualify for expunction, you may qualify for non-disclosure, which is having your records sealed from public view. As a former prosecutor, Attorney Alband understands the consequences of having a criminal record and how it can affect your life.
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