The process to clear your criminal record in Texas is called an Expunction. An expunction is the formal legal process where an individual can file a petition in the county where their arrest occurred to have their criminal records completely erased from all government agencies that may have documents or evidence of the arrest or criminal case. Once an Order for Expunction is signed by a Court, all government agencies listed in the Order for Expunction are obligated under the law to remove or destroy all records of an arrest, court case, or trial from their systems. This includes booking photos, fingerprints, and any record that may show up in a criminal history check.
Can All Criminal Cases Be Expunged?
Whether or not your criminal records can be expunged mostly depends on whether you were convicted of a crime. If you pled guilty to any offense or if you were convicted of any offense after a jury trial, you will not qualify for expunction. However, if your case was dismissed or if you were found “not guilty” after a jury trial, you will likely qualify for an expunction.
Texas Code of Criminal Procedure Section 55.01 also sets our other ways that someone can qualify to have their record expunged:
- If you were arrested but charges were not filed by the prosecutor within the statute of limitations period of the offense for which you were arrested
- If you had your indictment or information dismissed or quashed
- Certain misdemeanor juvenile offenses
- Conviction of a minor for certain alcohol offenses
- Arrest of a person that is never formally charged, regardless of whether the statute of limitation has expired, if the prosecuting attorney’s office certifies that the records and files are not needed for use in any criminal investigation
- If you successfully completed a diversion program such as mental health court or drug court
- If you were convicted of a crime but your case was later overturned on appeal and dismissed
- If you received a pardon for actual innocence
- If you can prove that another person else stole your identity and used it during their arrest
Will Any Agencies Retain My Records After I Have My Case Expunged?
Many federal agencies such as the Federal Bureau of Investigations (F.B.I) or the Department of Homeland Security (DHS) may retain copies of records.
This means that if someone where to do an FBI background check on you after you had your case expunged, records of your arrest may show up in the federal system.
Can I have My Record Expunged If I Was Granted Deferred Adjudication?
The answer depends on the class of offense for which you were arrested. Most Class C offenses will qualify for expunction if the person accepts a deferred adjudication agreement. However, if the Class C misdemeanor offense involved family violence allegations, you may be disqualified from an expunction even though the offense was only a Class C citation.
It is also important to note that if you were convicted of certain offenses as a juvenile, you may be able to have your records expunged.
However, for offenses that are Class B misdemeanors or greater, a person will not qualify for an expunction if they accepted a deferred adjudication agreement. This means your arrest and prosecution will always remain on your criminal record. However, if you successfully completed deferred adjudication probation, you may qualify for what is known as an Order of Non-Disclosure.
What Is an Order of Nondisclosure And How Is It Different From an Expunction?
While an expunction completely erases all records related to your criminal record, an order of nondisclosure only seals your record from public view. This means that private citizens or private companies that perform a background check will not be able to access information regarding your deferred adjudication agreement.
If you successfully completed deferred adjudication probation AND you waited the necessary time to file a petition, you will be able to seal any record of your arrest or prosecution for that particular case. However, it is important to keep in mind that an order for nondisclosure does not prevent law enforcement or state licensing agencies from accessing your record. Your criminal case will remain on your record and police officers will be able to see it.
This is why it is important that individuals understand the difference between expunctions and petitions for nondisclosures. Expunctions are always preferred because all records will be destroyed which prevents even government agencies from accessing those records.
How Do I Expunge My Criminal Records?
In order to expunge your records, you will have to file a petition for nondisclosure in the district court where your arrest occurred. The petition should include:
the person’s:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver’s license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged;
(3) the date the offense charged was alleged to have been committed;
(4) the date of arrest;
(5) the name of the county of arrest and if the arrest occurred in a municipality, the name of the municipality;
(6) the name of the arresting agency;
(7) the case number and court of offense; and
(8) together with the applicable physical or e-mail addresses, a list of all:
(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, attorneys representing the state, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(B) central federal depositories of criminal records that the person who is the subject of the petition has reason to believe have records or files that are subject to expunction; and
(C) private entities that compile and disseminate for compensation criminal history record information that the person who is the subject of the petition has reason to believe have information related to records or files that are subject to expunction.
The process can be complicated. It is highly recommended that you consult with an experienced criminal defense attorney who can file the petition on your behalf
How Long Does It Take To Have My Records Expunged?
It depends on the county where the expunction is filed. The process can be estimated to take between 30-100 days.
Can I Tell Employers That I Have Never Been Arrested After I Get My Records Expunged?
Yes. When an expunction order is final, the person may deny the occurrence of the arrest and even the existence of the expunction order.
The only exception is if you are questioned under oath in a criminal proceeding about the arrest for which the records are expunged. If you are questioned as a witness in a criminal matter you may state only that the matter in question has been expunged.
