To expunge an arrest or crime from your record, you must qualify and follow certain procedural rules. Below, our Austin criminal defense lawyer explains more.
A criminal record can have very serious consequences. Even after your jail time, probation, or community service is complete, your criminal record will still follow you. It can make it more difficult to gain employment, academic opportunities, professional licenses, and even housing. If you have been arrested or convicted of a crime, you may be able to expunge it. Below, our Austin criminal defense lawyer explains how.
Expungement vs. Non-Disclosure
There are two ways that you can shield your criminal record from others in Texas. These are expungement and non-disclosure. Expungement will completely remove your criminal history from all records, including those of the prosecution and law enforcement. A non-disclosure, on the other hand, does not completely destroy or remove the record. It does, however, remove it from public record so it is not accessible to any member of the public.
Eligibility for Expunction
Not everyone is eligible for expunction. To qualify, one of the following must apply:
- Criminal charges were never filed against you after an arrest,
- Charges were laid but you were acquitted on appeal,
- The charges against you were subject to a later dismissal order,
- You were found innocent after conviction,
- You were arrested but not tried and have gained approval from the prosecution for the expunction,
- You successfully plea bargained,
- You were sentenced for a misdemeanor as a juvenile, or
- You were pardoned by the Governor or the President.
It is important to note that some criminal offenses are ineligible for expunction. For example, if you were imprisoned for a DWI, you cannot expunge it from your record. It is important to speak with an Austin criminal defense lawyer who can further explain your options.
The Expunction Process in Texas
After determining if you are eligible for expunction, there are many steps to take. These include:
- Collect the necessary information including the case number, original date of arrest, arresting agency, and more.
- Draft and file the petition for expunction as well as the expunction itself.
- Attend the expunction hearing. Before this step, it is critical to speak to an Austin criminal defense lawyer who can prepare you for this court appearance.
- If granted an expunction, you can then deny the arrest and anything connected to the alleged crime. However, you must still testify about it under oath in any other criminal proceeding.
Our Criminal Defense Lawyer in Austin Can Help You Through the Process
When you want to get your record expunged, it is critical to speak to the right Austin criminal defense lawyer. At Granger and Mueller, PC, our experienced attorney can provide the personal attention and dedication you deserve. We can advise you of the steps to take and guide you through the process, so you have the best chance of clearing your name. Call us today at 512-474-9999 or fill out our online form to request a consultation and to get more information.