Overview of Expungements

Do you need an attorney for expungement in Williamson County?

Expungement is one method of clearing your criminal record in Texas. To have a record expunged is as if that record never existed in the first place. As you can imagine, no longer having a record has many benefits. No longer will you need to worry about prospective employers seeing a record on your background check. Also, police officers who pull up your record at a traffic stop will not see the prior record. These are just two of the beneficial results of expungement in Texas.

Expungement is not the only method of having a cleared record. Having a record expunged completely destroys any record of the arrest. Record sealing and record non-disclosure are different processes that do not have the same results as expungement. Orders of non-disclosure are possible if you were granted a deferred adjudication probation. This happens if you were not convicted by a judge because there was not enough evidence to make a guilty verdict. This process does not fully erase a record; however, the record still exists and can be viewed by government agencies. Non-disclosure is a viable method if your case is not eligible for expungement, but you still want relief from employers and the public seeing the existence of a record.

Am I eligible for expungement in Texas?

Generally, the possibility for expungement follows an acquittal or dismissal of a case. If your case did not result in a conviction, you may be eligible. The elements of a case that make you eligible for expungement include:

  • The case was dismissed
  • The case was no-billed by a grand jury
  • The case was acquitted at trial
  • The case was pardoned

To discuss the possibility of expungement of your record, contact a Round Rock criminal lawyer. R. Scott Magee, Attorney at Law has been helping individuals with expungement cases for nearly 2 decades and can help you!

What if I am not eligible for expungement?

Just because your record cannot be expunged, does not mean there is no hope for having it cleared from public view. The requirements for expungement are very strict and if you were given deferred adjudication probation you cannot have the record expunged. You can; however, pursue an order of non-disclosure. This means that businesses and individuals cannot find out about your record because there are orders not to release that information. Oftentimes, this is the relief that most people are seeking with an expungement because employers and other professionals will not be made aware of your criminal record. The main difference between a non-disclosure and expungement is that government agencies can still find the record if needed.

Pursuing Expungement or Non- Disclosure

When pursuing the clearing of your record, you will need to first discover if you are eligible. If so, you will then file a petition for expunction with the District Court in the district that you were arrested in. This is the step needed to inform the court that you are pursuing expungement. After the petition is filed, you will need to serve copies to the appropriate parties. To complete the expungement you need to receive a judge's signature on the order. Whether this is done through a hearing or by presenting a proposed agreement order to the Assistant District Attorney who can sign the petition and complete the process.

Contact a Round Rock Criminal Lawyer

For help in the expungement or non-disclosure process in Texas, contact our firm. We are familiar with the process of clearing your record and are ready to help. Set up your free initial consultation by contacting R. Scott Magee, Attorney at Law in Williamson County. We can be reached at 512.600.1560, call today!