They say that breaking up is hard to do, and that is particularly true when it comes to your criminal records, especially if you live in Texas. Only five states have no law that allows people to have criminal records expunged or sealed. 14 states have laws permitting the expungement, sealing, or setting aside of convictions, 23 states have laws allowing for some form of automatic expungement, sealing, or confidentiality of all criminal records, and four states allow the expungement of records for misdemeanors and some felonies. Five states have laws authorizing limited expungement of charges. Naturally, tough-on-crime Texas is one of these five states. The only surprise there is that it is not one of the states that has no provision for expunging or sealing any criminal records. Can you “break up” with your criminal records in Texas? That depends.
Texas Allows Expunction of Some Criminal Records
Expungement of criminal records – called “expunction” in Texas criminal law – is allowed in limited circumstances in both misdemeanor and felony cases, but there is a catch, and it is a big one. It does not generally apply to criminal charges that result in a conviction. You can qualify for expunction in Texas – with certain conditions – only if the charge does not result in a conviction or if you are pardoned after a conviction. The pardon can be based on actual innocence discovered subsequent to your conviction on the charge, or the pardon can be granted by the appropriate authority for any other reason. You are eligible for expunction if:
- You are tried on the charge and are not convicted
- You were charged, but released, not tried on the charge, and the charge is no longer pending
- Charges against you have been dropped
- You were convicted but then pardoned
Naturally, there are conditions on pretty much everything in criminal law, and expunction is no exception. You cannot get an expunction the minute you are acquitted, pardoned, or charges are dropped. There are waiting periods involved, and the more serious the charge, the longer the waiting period – even though in most expungement cases you were not convicted. The waiting periods include:
- A period of at least 180 days since your arrest for most Class C misdemeanors
- At least a year from your date of arrest on Class A or B misdemeanor charges
- At least three years after your arrest if you were charged with a felony of if someone faced charges arising from the same incident that resulted in a felony charge
There are procedural steps to follow, as well.
If You Have Been Charged With a Crime But Not Convicted, Talk to Madrid Law Firm
If you think you might be eligible for expunction of a criminal charge in the Houston area, it is worth your while to talk to a local criminal defense attorney. Expunction means the records of your arrest cannot be kept or revealed to anyone and allows you to deny the arrest or charge ever happened. That is worth something. If you find yourself in a situation where expunction might be an option, talk to the Madrid Law Firm. They can assist you with your problem.
