Criminal Lawyers Serving Dallas, Fort Worth, and Houston
When a person is arrested for a criminal offense, a record of the arrest is created and entered in databases that law enforcement, and in some cases, the public, may view. This record may show up on background checks related to employment, apartment rentals, and credit applications. In many cases, these records are eligible for expungement (also known as expunction) or non-disclosure, which means that the criminal arrest history is either entirely erased or taken from records available to the public.
Expungement in Texas
According to the Texas code of criminal procedure, anyone who has been placed under arrest for a felony or misdemeanor, has the right to have their record expunged in the following circumstances:
- Acquittal – You were acquitted at trial and are entitled to immediate expunction.
- Pardon or actual innocence – You were convicted but later pardoned or granted relief based on actual innocence.
- No charges filed after arrest – You were arrested but never charged, and a waiting period has passed (180 days to 3 years, depending on the offense).
- Dismissed charges – Your charges were dismissed and you were not convicted of any offense from the same criminal episode.
- Completed pretrial diversion programs – You completed a pretrial intervention, veterans treatment, or mental health court program and your case was dismissed.
- Juvenile offenses – You were convicted as a juvenile of certain low-level offenses and have since turned 17.
- Identity theft or mistake – You were arrested because someone used your name or due to a clerical error, and you were not the actual offender.
- Void indictment or information – The charges filed against you were void from the beginning (e.g., jurisdictional defect).
- Prosecutor’s certification – The prosecuting attorney certifies that the arrest is no longer needed for any criminal investigation or prosecution.
When the order of an expungement (or expunction) becomes final, the release of any related records or files is prohibited, for any purpose, and the person whose records are in question, is not obligated to reveal that such a record existed, even under oath (with very narrow exceptions). Expungement erases the criminal record as though it never happened.
Nondisclosure of Criminal Records - Sealing of Criminal Records
In some circumstances, a criminal record can be sealed, but not expunged. An Order of Nondisclosure from a court will remove all publicly available records of a conviction, so it will not be accessible to most employers, landlords, etc. Law enforcement and certain other government agencies will still have access, though. In addition, you cannot deny under oath that the arrest/charge happened.
You may be eligible to obtain an Order of Nondisclosure in the following situations:
- Deferred adjudication – misdemeanor (non-exempt). You successfully completed deferred adjudication for a qualifying misdemeanor and the case was dismissed.
- Deferred adjudication – felony. You completed deferred adjudication for a qualifying felony, the case was dismissed, and five years have passed since discharge.
- Deferred adjudication – certain misdemeanors (automatic). If you completed deferred adjudication for a low-level misdemeanor (not involving violence or sex), the record may be sealed automatically, without petition.
- Misdemeanor conviction (nonviolent). You were convicted of a qualifying misdemeanor, completed all sentencing requirements, and two years have passed since sentence completion.
- Completion of a Veterans Treatment Court program. You completed a Veterans Court program successfully and the related offense was dismissed.
- Completion of a Mental Health Court program. You completed a Mental Health Court program, and your case was dismissed or discharged.
- Completion of a Drug Court or other Specialty Court program. You completed a Drug Court or other specialty diversion program, and the case was dismissed.
- Human trafficking victims – certain convictions. You were convicted of certain non-violent offenses while being a victim of human trafficking and have since shown rehabilitation.
- Juvenile records transferred to adult court but dismissed. If a juvenile case was transferred to adult court and later dismissed or resulted in deferred adjudication, you may be eligible for nondisclosure.
- First-time DWI – with deferred adjudication. You received deferred adjudication for a first-time DWI offense (not involving a crash or high BAC), completed probation, and meet the required waiting period (2–5 years).
How Much Will It Cost to Expunge My Criminal Record in Texas?
As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.
How Quickly Can I Expect the Expungement Process to Be Completed?
When you file a petition to have a criminal record expunged, you’ll first have to appear before the court. That hearing usually comes about a month after your filing. The court may grant the expungement at the hearing, but it can take upwards of six months for the decision to be registered.
Contact Bailey & Galyen Today
At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment or discuss the cost to expunge your criminal record, contact us by email or call us at 844-402-2992. We will take your call 24 hours a day, seven days a week.
At Bailey & Galyen, we provide comprehensive legal counsel to individuals across Texas, New Mexico, and Arkansas, including those in Arlington, Bedford, Burleson, Carrollton, Dallas, El Paso, Fort Worth, Grapevine, Houston, Lubbock, Mansfield, Mesquite, Midland/Odessa, Plano, San Antonio, Santa Fe, Springdale, and Sugar Land.