Expungement Attorneys in Texas
Expungement in Texas
Texas law allows for the expungement of an individuals criminal record in certain circumstances. Texas expungement, if granted, also allows an individual to legally deny the incident ever occurred.
Like other states, Texas has certain requirements for eligibility for expungement:
- You were arrested by never charged;
- Your criminal charges were dismissed;
- You have certain qualifying misdemeanor offenses;
- You were convicted as a minor for certain alcohol offenses;
- You were convicted for failure to attend school;
- You were arrested, charged, and/or convicted due to identity theft by another individual that was arrested, charged, or convicted of the crime;
- Your conviction was later acquitted by the trial court or Criminal Court of Appeals;
- Your conviction was later pardoned by the Governor of Texas or the President of the United States.
You are not eligible for expungement if you received deferred adjudication or probation, or you have been convicted of a felony within five (5) years of your arrest you are seeking to have expunged. You are also not eligible for expungement if your offense was part of a “criminal episode” and you have charges pending for a different crime that occurred during that same episode or you were convicted of a crime that occurred during that same episode. In addition, you are not eligible if the statute of limitations for the crime subject to dismissal has not expired. The statute of limitations varies from crime to crime, but in most cases is at least three (3) years.
For juveniles, in most cases, any record of conviction for offenses committed while you were a minor are eligible for expungement. Misdemeanors punishable by fines and committed prior to you turning 17, offenses committed under the Alcoholic Beverage Code, and convictions for Failure to Attend School are all eligible for expungement in Texas as a juvenile. As with adults, there are procedures and criteria you must follow to be eligible. For example, you cannot have multiple convictions and you must have reached a certain age.