At ATX Legal, we handle Texas expungement cases across the state for an affordable flat fee. Whether you’re ready to clear your criminal record in Texas or just want to find out if you’re eligible for an expunction, we offer a free consultation to help you understand your options.
The expungement process often involves interaction with various governmental agencies, including the Department of Public Safety and the Department of Homeland Security, which play key roles in handling criminal records.
Introduction to Expungement
Expungement is a legal process that allows individuals to delete their criminal history, giving them a fresh start. In Texas, expungement is also known as expunction, and it involves the destruction of records related to a particular arrest and criminal charge. This process can be complex, and it’s essential to understand the eligibility criteria and the steps involved in expunging a criminal record in Texas. According to Texas law, individuals can have their criminal record expunged or petition for their record to be sealed through a nondisclosure order. Whether you’re looking to erase your criminal history or seal it from public view, understanding the nuances of these legal processes is crucial.
What Is Expungement in Texas?
Expungement is a legal process that allows individuals to have their criminal record literally erased under Texas law. If successful, the person may legally deny that the criminal charge, arrest, or prosecution ever occurred. This can make a major difference when applying for jobs, housing, or professional licenses.
Understanding Texas Law
Texas law governs expunction and nondisclosure, and it’s crucial to understand the differences between these two processes. Expunction is the process of clearing a criminal record, while nondisclosure is the process of sealing a record. Both processes can be used to remove certain types of records from public view. The Texas Code of Criminal Procedure, Chapter 55, governs expunction, while the Texas Government Code, Chapter 411, Subchapter E-1, governs nondisclosure orders. Knowing which legal avenue to pursue can make a significant difference in your ability to move forward without the burden of a criminal record.
Eligibility Criteria for Expungement
To be eligible for an expunction, the outcome of your case and the nature of your offense matter. Here are the main scenarios where a criminal record may qualify:
- You were acquitted, or the case was dismissed
- You were arrested, but charges were never filed
- You successfully completed a diversion program
- You were convicted of a Class C misdemeanor and later successfully completed deferred adjudication
Eligibility for expunction can be affected by various factors, including the type of crime committed. Crimes such as a felony, DWI offense, offense involving family violence, unlawful carrying, and certain juvenile records can impact your eligibility. Serving jail time or having a history of serious offenses can also affect your chances.
Certain crimes, such as serious offenses and those requiring registration as a sex offender, permanently disqualify individuals from having their criminal records sealed or expunged.
To determine your eligibility, consult with a qualified attorney who can evaluate your criminal history and help you navigate the proper forms and deadlines. If a petition is denied, individuals may seek other legal remedies, such as a Habeas Corpus writ or a pardon, but these options may be an uphill battle..
Individuals can have their charges no-billed by a grand jury, which allows them to qualify for expunction under certain circumstances.
The dismissal of a case plays a critical role in determining the waiting period before one can file a petition for expunction.
Individuals convicted of a DWI offense have specific restrictions that prevent them from seeking an expunction.
The prosecutor has the discretion to maintain records on file if charges were not officially filed.
The Department of Public Safety is involved in managing expunction and nondisclosure orders, highlighting its importance in maintaining public safety.
A sentence, whether from probation or deferred adjudication, remains on record and can impact future legal proceedings or background checks.
Individuals who were found guilty at trial or placed on probation are generally not eligible for expunction.
Individuals may appeal for expunction if they meet specific eligibility criteria.
Being Eligible for an Expunction
To be eligible for an expunction in Texas, an individual must meet specific criteria. Generally, expunction is available for individuals who were arrested but not convicted, or those who were convicted of a Class C misdemeanor. However, there are exceptions, such as offenses involving family violence, murder, or aggravated kidnapping. Additionally, individuals who have completed deferred adjudication or community supervision may be eligible for an expunction. It’s essential to research your eligibility and handle the application and court hearing correctly to ensure a successful expunction. Consulting with a qualified attorney can help you navigate these requirements and increase your chances of having your criminal record expunged.
Texas Law: Expungement vs. Nondisclosure
Under Texas law, there are two options for clearing a criminal record:
- Expungement: Complete deletion of your criminal record, including arrest records and court files.
- Nondisclosure Order: Seals the record in Texas, hiding it from most employers and public entities while allowing state agencies access.
It is important to understand the processes involved in obtaining an expunction or nondisclosure order, as they can significantly impact your eligibility and the handling of immigration forms.
The rules for each process are found in:
- Chapter 55 of the Texas Code of Criminal Procedure for expunctions
- Chapter 411, Subchapter E-1 of the Texas Government Code for nondisclosure orders
Understanding these distinctions is critical when choosing between an expungement and a nondisclosure.
Deferred Adjudication and Record Sealing
If you were placed on deferred adjudication and successfully completed the terms of community supervision, you may qualify for a nondisclosure order. This is especially common for Class C misdemeanors.
Eligibility criteria for non-disclosure orders include having no prior convictions and successfully completing deferred adjudication.
Although deferred adjudication avoids a formal conviction, the criminal record remains unless sealed. A nondisclosure hides this history, but it does not destroy it like an expunction would.
Note: You are not eligible for expungement if you pled guilty or were convicted, except in certain Class C cases.
Filing for Expungement in Texas
To expunge your criminal record, you must file a petition in the appropriate court. Here’s a step-by-step summary:
- File your petition with the court that handled your case.
- A court hearing will be scheduled (usually at least 30 days later).
- If the judge grants the petition, the court will issue an Order of Expunction.
- The records will then be removed from your criminal history.
To obtain an order for nondisclosure, you must follow a similar process, which effectively seals your criminal record from public access while still allowing certain state agencies to access it.
This process often takes several months, and it’s wise to have an attorney assist you, especially when dealing with felonies, multiple offenses, or complex criminal histories.
Time Limits for Filing
There are time limits for filing an expunction or nondisclosure petition in Texas. The waiting period varies depending on the offense and other factors, but it’s usually between 6 months and 5 years. For some offenses, there is no waiting period. It’s crucial to understand the time limits and the process involved in filing a petition to ensure that you don’t miss the opportunity to clear your record. The Texas Law Expunction Project provides pro bono legal clinic services for expunctions, and intake sessions are held each September and February. Being aware of these timelines and seeking timely legal advice can make all the difference in successfully clearing your record.
Nondisclosure Orders and Their Benefits
A nondisclosure order seals your criminal record, keeping it hidden from the public and most employers. This can be life-changing for those seeking work, education, or better housing.
While nondisclosure does not delete the records, it effectively protects your privacy. State agencies can still view the records, but private businesses and landlords cannot.
Nondisclosure is especially useful for those who’ve completed deferred adjudication or probation, and who don’t qualify for a full expungement.
How Long Does It Take for an Expungement to Process in Texas?
The expungement timeline varies but generally takes four to six months (and a maximum of 12 months) from the time of filing to the deletion of records. The waiting period before filing can range from six months to five years or more, depending on the offense.
A sentence, whether from probation or deferred adjudication, remains on record and can impact future legal proceedings or background checks.
Frequently Asked Questions
What qualifies for expungement in Texas?
You’re eligible for an expunction if:
- You were acquitted
- Your case was dismissed
- You completed deferred adjudication for a Class C misdemeanor
- The statute of limitations expired without charges being filed
Being acquitted or found not guilty at trial is one of the conditions that may allow for record clearing.
How much does it cost to expunge a record in Texas?
Costs vary by county and case type, but typically include:
- Filing fees ($350–$500)
- Attorney fees (varies based on complexity)
ATX Legal offers low flat fees for many Texas expungement cases.
How long does it take for an expungement to process in Texas?
Most expungements are resolved in 4–6 months, though more complex cases may take longer due to court delays or document gathering.
Criminal Record in Texas: Consequences
Having a criminal record in Texas can have severe consequences, including limiting job opportunities, making it harder to get credit, and restricting access to housing. A criminal record can also affect your ability to adopt a child, increase your insurance premiums, and prevent you from passing a background check. However, expunging or sealing a criminal record can help alleviate these consequences. By understanding the process and eligibility criteria for expunction and nondisclosure, individuals can take the first step towards clearing their record and starting anew. The Texas Fair Defense Project provides free assistance to people who qualify for expunctions or nondisclosure orders, and the Expunction Clinics & Record Sealing page of the Clean Slate Texas website offers options for free legal assistance. Taking control of your criminal record can open doors to better opportunities and a brighter future.
Final Thoughts: Take Control of Your Record
If you’re burdened by a criminal record in Texas, clearing your record through expungement or nondisclosure could open doors to better jobs, housing, and peace of mind.
At ATX Legal, we help clients file for expunction or nondisclosure orders, navigate Texas law, and move forward. Take the first step today—contact us for a free consultation and find out if you’re eligible to have your criminal record expunged.
