The Complete Guide: How to Get Your Record Expunged
In Texas, the process to get your record expunged (essentially deleted from all public records) is with a petition for expunction. The process to seal your record (hide from public view, but the record is not deleted) is with a petition for an Order of Nondisclosure. The steps go like this:
Determine eligibility. Not all charges are eligible for expunction or nondisclosure.
If eligible, begin gathering documents. You will need to include the a certified copy of the disposition in your case(s)
Draft the petition. There are some helpful sample petitions on Texas Law Help
Draft the Proposed Order. This is what the Judge will eventually sign if your petition is approved.
File the Petition with the District Court in the county where the charges occurred. (Note, that even if your are dealing with misdemeanor charges, the District Court is the correct place to file an expunction. However, a nondisclosure may need to file in the County Court at Law rather than District Court.) This can be done online with a process called e-filing, or you can go in-person and file with the court clerk. The filing fees and costs typically amount to about $500
Receive a hearing date. Some counties still require that you attend the hearing in person. However, most courts now allow you to waive presence, assuming there is no objection from the prosecutor or agencies to the petition.
Once the petition is signed by the judge, the expunction is effective. However, the agencies have up to one year to delete the records. It’s always a good idea to check back with the court clerk in 6-9 months to see if the agencies have sent their “proofs” to the clerk that the records are deleted or destroyed. The clerk will destroy their own file in 12 months, so you will need to check for proofs that date.
(Optional) Once all the proofs are in, it’s always a good idea to request a copy of your criminal history to make sure the expunction is effective.
Once effective, your arrest no longer shows on public record and you are legally allowed to deny that you were arrested on employment applications and other forms!
If this all seems a bit complicated, you can hire an attorney to handle this process for you. ATX Legal charges a flat fee of $1500 for an expunction. This fee includes all fees and court costs.
Understanding Expungement and Eligibility
Expungement is the process of removing a criminal record from public access, making it inaccessible to courts and agencies. A conviction is not eligible for expungement, but some misdemeanors may be eligible for nondisclosure.
Eligibility for expungement of criminal records varies by state, but typically includes arrests without conviction, deferred adjudication, and pretrial diversion.
Certain conditions must be met, such as completing a waiting period or fulfilling specific requirements.
Expungement is not the same as sealing a record, which hides it from public view but may still be accessible to certain agencies.
A record expunged means it is permanently destroyed and cannot be accessed.
The Expungement Process
The expungement process typically involves filing a petition or application with the court to request expungement.
The court will review the petition and make a decision based on the individual’s eligibility and circumstances.
The process may involve a hearing, and the individual may need to provide documentation and evidence to support their request.
The expungement process can vary by state, and it’s recommended to consult with a lawyer who specializes in criminal law. For the process in Texas, see the first paragraph of this blog post.
Records expunged through the court process are typically removed from public access, including on the employment background check.
Navigating the Court’s Decision
If the court grants the expungement request, the individual’s record will be removed from public access.
The court’s decision may depend on the individual’s criminal history, and other factors.
If the court denies the request, the individual may be able to appeal the decision or seek alternative options, such as sealing the record.
A record sealed means it is hidden from public view, but may still be accessible to certain agencies.
The court’s decision will be recorded and may be accessible through public records.
Life After Expungement: What to Expect
After a record is expunged, it is permanently destroyed and cannot be accessed.
The individual’s criminal record will no longer appear on background checks or public records.
Expungement can have a significant impact on an individual’s life, including increased job opportunities and improved public perception.
However, expungement may not completely erase the record, as some private companies or internet sources may still have access to it under certain circumstances.
It’s essential to understand the terms of the expungement and any conditions that may apply.
Additional Resources and Support
Individuals seeking to expunge their record can consult with a lawyer who specializes in criminal law.
Additional resources, such as online guides and support groups and law libraries, can provide valuable information and assistance throughout the expungement process.
The superior court in the state where the arrest occurred can provide information on the expungement process and requirements.
Requesting expungement can be a complex process, and it’s recommended to seek legal help to ensure the best possible outcome.