Can I Expunge My Criminal Record?

 Posted on May 25, 2022 in Criminal Defense

A criminal record can follow a person for years or even decades, making it hard to find employment, housing, and educational opportunities. Having a criminal record can also damage a person's personal or professional reputation. If you have ever been charged with a crime, you probably know this all too well. Fortunately, Texas law allows certain individuals to expunge or clear their criminal records.

Erasing Your Criminal Record Through Expungement

Many people are surprised to learn that being arrested for a crime results in a criminal record even if the person is never convicted of the crime. When an arrest is expunged, it is completely erased from the person's criminal record. This means that employers, landlords, and the public can no longer view the arrest.

You may be about to get a criminal record expunged if:

• You were acquitted or found not guilty
• You were convicted but eventually pardoned or found not guilty
• You were charged with an offense but the case was dismissed
• You were not charged with an offense

There are waiting periods if you were arrested for a criminal offense but not charged and you want to expunge it from your record. If you were arrested for a Class C misdemeanor offense, you can request expungement 180 days after the arrest. If you were arrested for a Class B or A misdemeanor offense, you must wait a year before requesting expungement. If the offense was a felony, the waiting period is three years.

Record Sealing or Orders of Nondisclosure

Expungement is not the only legal action available for people who want to clear their criminal records. If you were convicted of a crime, you may not be able to expunge it from your record. However, you may be able to get an Order of Nondisclosure which seals your criminal record. Once a record is sealed, the record is not available to the public. Only certain government entities and licensing agencies can view the record. You may be able to get an Order of Nondisclosure and seal your record if you pled guilty to a crime and you have completed supervision. You can also seal your record if you were convicted of a misdemeanor punishable by only a fine. There are also waiting periods for record sealing in Texas that vary based on the type of offense.

Certain crimes are not eligible for sealing including certain sex crimes, family violence offenses, and human trafficking.

Contact a Floresville Criminal Defense Lawyer

If you want help expunging or sealing your criminal record, contact our Wilson County criminal defense lawyers today. Call BRCK Criminal Defense Attorneys at 830-769-1010 for a free consultation.

Source:

https://guides.sll.texas.gov/expunctions-and-non-disclosure