Having criminal convictions or arrests on your record can make it hard to find jobs, rent a place to live, or move on with your life. Fortunately, there’s a process called expungement that makes it possible to clear certain arrest records and give you a fresh start. However, not all offenses can be expunged.
While some arrests or charges may be eligible for expungement, certain criminal convictions can permanently remain on your record. Keep reading to learn what can and can’t be expunged in Texas and how a San Antonio expungement attorney can help your case.
What Does Expungement Mean?
Expungement is a legal process through which those with criminal records can seek to have the record of a criminal offense or arrest removed from public view and their criminal history. When someone has a criminal offense record erased, it no longer becomes available to landlords, employers, or anyone who runs a background check. This means that, if you made a mistake in the past, an expungement can help you have a better future without your criminal records holding you back.
What Can Be Expunged in Texas?
Before you try to get your criminal record expunged, you need to confirm if your case is eligible for expungement. Under the Texas law, here are some of the cases that might qualify for expungement:
- There was no final conviction
- The accused was a victim of identity theft
- The Texas Governor or U.S. President granted a pardon to the convicted person
- There was an arrest but no charges were filed
- The offense was a Class C misdemeanor
- There was an acquittal
- There was a pardon for actual innocence
- The case involved qualifying misdemeanor juvenile offenses
- The legal process was terminated before a verdict was reached
- There was no final conviction
- The statute of limitations has expired
What Cannot Be Expunged in Texas?
Texas law also provides a list of offenses that can’t be expunged. Texas restricts expungement on these offenses for the sake of public safety and other legal reasons. Here’s a brief list of criminal offenses that don’t qualify:
- Sexual assault
- Murder
- Driving while intoxicated (DWI)
- Driving under the influence (DUI)
- Aggravated robbery
- Drug trafficking
- Aggravated assault
- Kidnapping
- Indecency with a child
- Criminal solicitation
- An offense involving family violence
- Deferred adjudication on felonies
What Factors Might Make Expungement More Challenging?
Sometimes, the process of applying for an expunction can be complex. That’s why you need an experienced expungement attorney to guide you through the entire process. Applying when you don’t meet the requirements can lead to disappointment and wasted time and resources.
Here are some other factors that might make your application more complicated:
- Multiple Convictions: Having multiple convictions on your record can make the expungement process more difficult. Courts tend to be stricter with individuals who have repeated offenses, as this can indicate a pattern of criminal behavior.
- Type of Crime: The type of crime you commit plays a major role in whether you qualify for expungement. Serious crimes like sexual crimes or violent offenses are generally not eligible.
- Pending Charges: If you have pending charges, it might show that you’re still involved with the criminal justice system. This might make the court decide that expungement isn’t appropriate at that time.
- Outstanding Warrants or Fines: The court expects that individuals fulfill all legal obligations, including paying pending fines and resolving warrants. Outstanding issues generally indicate that you haven’t fully complied with your sentencing requirements.
How to Get Your Record Expunged in San Antonio
Now that you understand what can and can’t be expunged in Texas, it’s time to pursue the legal process. Here are the steps to follow if you want to get your record expunged in San Antonio. Remember to get help from an attorney to ensure you complete each step correctly:
- File a Petition: This is the first thing you’ll need to do before you can get your record expunged. You’ll need to carefully complete all necessary forms and pay the filing fees.
- The Court Schedules Your Hearing: After the forms have been processed, the court will schedule a hearing. During this hearing, the defendant and criminal defense attorney will state their case.
- Records Are Deleted: If your petition gets approved after the hearing, the court will ask that an order be given to all criminal justice agencies to delete all relevant documents attached to your case. If your petition was denied, you can submit an appeal of the decision.
Work with a San Antonio Criminal Defense Attorney to Get Your Records Expunged
Before you try to get your record expunged, it’s a good idea to work with an experienced San Antonio criminal defense attorney like those at The Law Office of John G. Perez Jr. An experienced attorney understands Texas expungement laws and can guide you through the entire process.
John can review your case, check if you qualify, and help gather any paperwork you need. Don’t let your criminal record hold your life back. With legal support from John, you can weigh your options and make an informed decision.