What Are the Benefits of Expunction in Texas?

 Posted on October 07,2019 in Criminal Defense

One of the major obstacles that former offenders face is a stain on their permanent record. Whether they went to prison or not, a criminal history can add complications to their personal and professional lives. Individuals with a criminal record can lose custody of their children and have a difficult time finding employment. To help ease the transition, Texas law allows some criminals to expunge their records, but there are specific eligibility requirements that must be met in order to do so.

What Is Expunction?

The term “expunction” refers to the removal of information about an arrest, charge, or conviction from a personal record. In other words, if a person’s record is expunged, the information is removed from his or her record, and he or she is legally allowed to deny that the incident ever occurred. However, this option is not available to most offenders and has certain eligibility requirements that must be met.

Am I Eligible For Expunction?

The following records are eligible for expunction:

• Cases in which an individual was arrested but never charged for the crime.

• Criminal charges which were dismissed.

• Certain low-level juvenile misdemeanor charges.

• Cases in which a minor was convicted of minor alcohol charges. 

• A minor not attending school, also known as truancy.

• A charge, arrest, or conviction on a person’s record for identity theft by another person who was actually charged, arrested, or convicted of the crime.

• Cases in which an individual was convicted of a crime and was later acquitted.

• A person convicted of a crime who was later pardoned by the Governor of Texas or the U.S. President.

What Are the Advantages of Expunging a Record?

There are many benefits that result from expunction. It provides the former offender with a sense of privacy and allows him or her to move on with a clean slate, especially since those who qualify were typically arrested, charged, or convicted of lower-level offenses. As in most states, criminal records in Texas are in the public domain. Expunging the record keeps the offender’s past private from the public and future employers. Since most job applications require the applicant to disclose his or her criminal record, the expunction allows former violators to keep this information to themselves. A criminal record can also restrict one’s ability to vote, purchase a gun, and receive federal assistance. Expunction allows all of those doors to remain open, even if an individual did commit a previous offense.

Contact a Karnes City Criminal Defense Lawyer

Getting your criminal record officially expunged is a difficult process, but can save your future if the motion is accepted. The best way to get this approved is with the assistance of an experienced Texas attorney. The legal process for expunction is very detail-oriented and requires significant knowledge of Texas statutes. At BRCK Criminal Defense Attorneys, we understand the value in a second chance, and we believe everyone deserves a fresh start. If you believe that you may be eligible to expunge your record, contact our Floresville expunction attorneys at 830-769-1010 for help.

Sources:

https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23459

https://www.papillonfoundation.org/information/expungement-benefits