How To Expunge Your Criminal Record - A Former Prosecutor Breaks It Down!
Want To Erase Your Criminal Record?
There is so much confusion over what an expunction is. Unfortunately, an arrest does not automatically come off your criminal record just because it was dismissed. Now, we need to understand what an expunction is. An expunction is a complete destruction of all records pertaining to your arrest and case. Literally, you are permitted to legally deny the incident ever took place. Both employers and law enforcement never see the arrest because legally it never happened.
An expunction is where you are trying to erase your criminal record as a result of a dismissal/no-bill, completion of deferred adjudication for a class C Misdemeanor, or an acquittal.
Typically, an arrest is required for an expunction. If you do qualify for an expunction, you need a Fort Worth Criminal Lawyer to file a petition in district court. If the Judge signs the order, the clerk notifies the respondents listed in the petition. Once the respondent receives an order from the Judge, he or she must destroy all files arising from the arrest. The Texas Code of Criminal Procedure §55.01 explains in detail the right to an expunction.
Fort worth Criminal Attorney handling expunctions:
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Do I have a right to an expunction?
Generally, the two ways to file for an expunction are the following:
1. Acquittal/Not Guilty: If you are acquitted by a trial court or Court of Criminal Appeals and you were not convicted of and do not remain subject to prosecution for another offense arising out of the same criminal episode.
2. Dismissal: If you are arrested and no felony indictment/information or felony indictment/information dismissed; and statute of limitations has expired or court finds mistake or fraud; and you are released; no final conviction and no court-ordered supervision under 42.12 for offense other than Class C misdemeanor; and you have not been convicted of a felony in the five years preceding date of arrest.
3. Class C DFAJ successfully completed
4. NO Bill
Now, let’s assume you quality for an expunction - how long do you have to wait before you can file?
1. Felony case no bill - 3 years from date of dismissal
2. Most felony cases dismissed - 3 years or statute of limitations
3. Felony cases never filed but you were arrested - 3 years or SOL from date of arrest
4. Misdemeanor crimes - 2 years from date of dismissal
5. Class C DFAJ - immediately after completion of the DFAJ
6. Diversion Program - many programs you are immediately eligible upon completion
How do you file? What is the process?
• Must pay Tarrant County Clerk a filing fee of $425
• Must file a petition for expunction
• Go to a hearing before a felony district judge and get orders to be sent to all agencies for destruction of records
What if you don’t know how your case was resolved? What if you don’t have your court paperwork or your lawyer wasn’t clear with you about whether you qualified for an expunction? If that is the case - CALL US - we can look it up for you!
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