Under Texas law, expungement is a court procedure for sealing some criminal records. Once this happens, the arrest or charge, in most cases, is treated as if it never happened. Entitlement will be determined by the determination of the case and by the circumstances of the arrest.
Houston is the fourth-largest city in the U.S. and the biggest city in Texas. It has over 2 million people living there, and it’s a hub for energy, health, and business. If you are looking for advice about the expungement of eligible records, then the advice of a seasoned record sealing lawyer in Houston can help determine if you qualify for expungement or other relief.
Texas courts follow specific legal requirements, so not every arrest or criminal case qualifies for expungement. Understanding those rules is the first step toward determining eligibility.
Who Is Eligible for Expungement?
Multiple criteria in Texas may make a person eligible.
Individuals Acquitted at Trial
When a person is acquitted of a crime after trial, he typically has the right to get an arrest record expunged. Such a right is guaranteed under the Texas Code of Criminal Procedure Chapter 55A.
People Whose Charges Were Dismissed
Many of those cases that are dismissed may qualify. The following are conditions:
- The case did not result in a conviction.
- Charges are no longer pending.
- The person did not receive court-ordered community supervision, except in certain Class C misdemeanor cases.
- Applicable waiting periods have passed when required.
Individuals Pardoned or Found Actually Innocent
Even someone who was convicted but later received a pardon or relief because of actual innocence can be eligible for expungement. Texas law makes special provision for these circumstances.
Victims of Wrongful Arrest
An arrest that has been made due to a mistaken identity, false information, or lack of probable cause may be eligible for an expungement if statutory requirements are met in some cases.
Who Does Not Qualify?
People often find out that expungement isn’t granted in every case after committing a crime.
Typically, the following circumstances are not eligible:
- Final criminal convictions
- The majority of cases that come to court with probation or community supervision orders.
- Arrests linked to criminal incidents, in which other charges are still pending.
- Unsettled cases that are awaiting resolution in court.
The eligibility criteria for expungement in these cases are very restrictive in Texas.
What Steps Should You Take?
If you want to expunge your records, here are some steps you can take:
Step #1: Gather records – Collect arrest records, court documents, and case dispositions to verify the details of your case.
Step #2: Confirm the outcome – Make sure the case ended in a way that may qualify for expungement, such as a dismissal, acquittal, or pardon.
Step #3: Check waiting periods – Some cases require a statutory waiting period before filing.
Step #4: Review eligibility – Compare your circumstances with the requirements in Texas Code of Criminal Procedure Chapter 55A.
Step #5: File the petition – Submit the petition to the appropriate court.
Step #6: Verify record removal – After approval, confirm that agencies have complied with the court’s expungement order.
Even if the case was dismissed, it may need to be looked over carefully before filing.
Key Takeaways
- Expungement of an arrest record in Texas places it out of public records.
- Acquittals are usually eligible for expungement. An acquittal often is eligible for expungement.
- The many cases that are dismissed can be eligible if the statutory requirements are fulfilled.
- Expungement is supported by pardons and a finding of actual innocence.
- Very few last wills and testaments are eligible.
- Modern expungement procedures are governed by the Texas Code of Criminal Procedure, Chapter 55A.
- It is important to check the court records and what constitutes eligibility before filing.
