Unless you have been a defendant in a criminal case, you have probably never thought much about what it means to have a criminal record. It means that if you have ever been arrested, even if you were found not guilty, the record of the arrest shows up on criminal background checks, where it can seriously harm your job search efforts. Worst of all, certain criminal convictions can cause you to lose your right to vote. Expunction is the process of removing pieces of information from your record, or at least making them invisible during background checks. In Texas, only certain records are eligible for expunction, but getting them expunged can do wonders to help your life get back to normal after an arrest or criminal conviction. Here is how you can get records expunged in Texas.
Which Records are Eligible for Expunction in Texas?
Not every criminal charge can be expunged from your record. The following types of records can be expunged in Texas:
- Arrests that did not lead to criminal charges
- Criminal charges that ended up being dismissed
- Convictions for certain crimes committed by minors, including underage drinking, truancy, and most misdemeanors
- A conviction for a crime later proven to be the result of a stolen identity (after the identity thief is tried and convicted)
- A crime for which the defendant was acquitted
- A conviction that was eventually overturned by a pardon from the Governor of Texas or the President of the United States
How to Get a Record Expunged
The first step to getting a record expunged is to consult with an attorney about your particular situation to make sure that your conviction is actually eligible for expunction. Then, with the help of an attorney, the next step is to prepare a Petition for Expunction. Have the petition notarized and file it with the court. The court will then schedule a hearing, in which any parties who may have an argument against the record being expunged can present their case. Before the hearing, you and your lawyer should draft an Order of Expunction, which the judge will sign at the hearing if he or she determines that it is appropriate to expunge the record.
Non-Disclosure Orders: An Alternative to Expunction
If your conviction is not eligible for expunction, you may still be able to persuade the court to issue a Non-Disclosure Order. A Non-Disclosure Order means that the conviction will no longer appear on your public record or be visible in background checks conducted by private parties, such as the background checks you undergo when applying for most jobs. It will still be visible to the courts so that, if you are charged with another crime, the judge can still see your old conviction when trying to determine a sentence for the new conviction.
Contact Madrid Law About Expunging Criminal Records
Having a conviction expunged from your record can really help you move on with your life after being tried for a crime. Contact Madrid Law in Houston to see if your record is eligible for expunction.
