In general, a felony conviction in Texas will be with you for life. The circumstances under which a criminal conviction, especially a felony, can be expunged are limited. When a criminal charge is expunged, all traces of that conviction are removed from your record. People searching for your criminal record, whether for employment, housing, personal curiosity, or any other reason, will not find any record of a criminal record that has been expunged. Achieving that under Texas law is limited to particular circumstances.
When Can I Have a Felony Charge or Conviction Expunged?
You do not have a right to have your criminal record expunged, or wiped clean. The process for expunction is strictly statutory, and Texas law allows expunction only under very limited circumstances. For felony convictions, the circumstances under which expunction is available are rare indeed. However, in the absence of an actual conviction, or if a conviction was reversed on appeal, you might be able to satisfy the requirements to have your record expunged and have your criminal record – for that particular charge, at least – expunged. The Texas statute governing expunction allows all records of a felony charge to be expunged provided:
- The charge was dropped or dismissed without any prosecution action
- You were tried on the charge, and the trial resulted in acquittal
- You were tried on the charge and convicted, but a subsequent court, such as on appeal, reversed your conviction
- You received an official pardon for the felony at issue
Those conditions do not allow a lot of room for maneuvering or negotiations. If you were charged but never tried, if you were acquitted, or if your conviction was reversed on appeal, you can remove any mention in your criminal record that you ever were charged of that particular offense. You also can do so if you are pardoned for your offense, but that is quite rare. Most felony charges do not involve any of those circumstances, and you likely will not be eligible for expunction. Even if you are eligible, in all four of those circumstances to have your record expunged you must file a Petition for Expunction and a request for an Order for Expunction. If those requests are granted, the court will order that your record be erased with respect to the felony in question. Anyone seeking information on that conviction after that order is entered will find nothing.
There is an Alternative to Expunction
Even if you are not eligible for expunction of your record, there may be another option available to you. Under certain circumstances, you might be able to petition the court for non-disclosure of your conviction. A successful petition for non-disclosure will not erase your criminal record, but most people will not be able to access the record of your conviction. Government agencies will be able to do so, but the record will be shielded from the general public. This can prove helpful when seeking employment or a place to live.
If You Would Like to Have a Criminal Record Expunged, Contact Madrid Law Firm
If you have a criminal record you would like to have expunged, you should not try to do so on your own. The requirements are stringent and quite limited. You should talk to an experienced criminal attorney who can help you determine whether you are eligible and, if so, guide you through the process. Talk to the Madrid Law Firm to get the assistance you need.
