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
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,