If you are looking to clear your criminal record in Texas, understanding who qualifies for expungement is a critical first step. Expungement can remove eligible arrests, charges, and certain convictions from your record, giving you a fresh start. Learning about the eligibility criteria can help you determine whether this legal process is an option for your criminal defense and what steps to take next.
Understanding Expungement in Texas
Expungement in Texas allows individuals to remove certain offenses from their criminal records, giving them a fresh start. Under Texas Code of Criminal Procedure Chapter 55, expungement erases eligible records, ensuring that arrests, charges, or certain criminal proceedings no longer appear in background checks. This process helps individuals move forward without the stigma of past legal issues.
Expungement provides significant benefits, including access to better job opportunities, housing options, and a restored reputation. Employers and landlords are often hesitant to work with individuals with criminal records, making expungement a valuable tool for improving your prospects. It is important to understand that expungement differs from an order of non-disclosure, which seals records but does not completely erase them.
Eligibility Criteria for Expungement in Texas
To qualify for expungement in Texas, you must meet specific legal criteria based on the circumstances of your case. For example, if you were arrested but never charged or if your case was dismissed, you may be eligible to clear your record. Acquittals and successful completion of pretrial diversion programs can also qualify for expungement, providing you with a clean slate.
Certain offenses, such as felonies or those requiring mandatory registration, are not eligible for expungement. Additionally, individuals with convictions that resulted in probation or a prison sentence typically do not qualify. Offenses and circumstances that may be eligible for expungement include:
- Arrests without charges filed.
- Dismissed charges or cases resulting in acquittal.
- Certain juvenile offenses or Class C misdemeanors resolved through deferred adjudication.
- Arrests due to mistaken identity or false accusations.
- Cases where the statute of limitations expired without charges being filed.
- Criminal charges dismissed after successful completion of a diversion program.
- Non-violent misdemeanors with no prior convictions.
- Convictions overturned on appeal with no subsequent retrial.
Crimes That Are Not Eligible for Expungement
While expungement offers a fresh start for many individuals, certain crimes cannot be removed from your record under Texas law. These offenses are considered too severe or carry specific legal restrictions that prevent expungement. The following offenses may be ineligible for expungement:
- Felony convictions – Most felony convictions, especially those involving violence or serious harm, cannot be expunged.
- Crimes requiring sex offender registration – Offenses such as sexual assault or indecency with a child are not eligible for expungement.
- Family violence convictions – Domestic violence crimes, including assault or stalking of a family member, are excluded from expungement.
- Driving while intoxicated (DWI) convictions – DWI offenses are not eligible, even if they are classified as misdemeanors.
- Crimes involving public corruption – Convictions related to embezzlement, bribery, or other forms of public corruption cannot be expunged.
The Process for Seeking Expungement in Texas
If you qualify for expungement, the process involves several critical steps to clear your record. First, you must gather all necessary documentation, including court records, arrest reports, and proof of case outcomes. This information is used to file a formal petition for expungement with the appropriate Texas court.
Once your petition is submitted, the court will review your case and schedule a hearing to determine your eligibility. During the hearing, the judge will evaluate your documentation and ensure that your case meets the requirements under the law.