Once you get arrested for a crime, whether proven guilty or not, the record of criminal history follows you throughout your life and can make living very difficult. It can put you at a disadvantage while looking for jobs, places to live, and while securing credits. For this, Texas law provides expunction, which is also called expungement. This is a legal process designed for individuals who were wrongly charged and/or arrested for a criminal offense.
The process helps you to get rid of your past criminal history under certain conditions. If the court rules the expunction petition in your favor:
- Your criminal records held by private companies and government agencies must be destroyed.
- It allows you to legally deny that the arrest ever happened.
Seeking Legal Consultation for Expunction
If you are looking for ways how to expunge your criminal record so that you can get your life back on track, it can only be done by hiring a qualified criminal lawyer in Texas. The Law firm of Gunter, Bennett, and Anthes has a combined experience of 65 years of practicing law in the Austin, Texas area. They have extensive experience in providing representation from the investigation to trial and if required, appealing and clearing criminal records. Their attorneys are on call 24 hours a day to assist Texas citizens with matters related to any kind of criminal law.
Crimes that can be Expunged in Texas
The Texas law explains that your criminal record may be eligible for expungement if any one or more factors are there in your case.
- Any crime charged in Texas for which you are not found guilty by the jury or judge.
- If a person is arrested for a crime, but then pardoned or granted relief due to not being proven guilty.
- The charges were dismissed in a trial.
- The limitation period has run out and hence, no more charges can be filed.
- The Texas governor or the President of America pardoned the offender for the crime.
- Certain juvenile misdemeanor actions qualify for expunction.
- Conviction of a juvenile for certain offenses involving alcohol.
Crimes that cannot be Expunged in Texas
There are certain conditions when a person having a criminal record may not be eligible for expunction. A person committing certain offenses is not eligible for expungement of criminal records. In Texas, most crimes involving child victims, sexual assault, and violent acts like criminal assault do not qualify for record sealing. Such crimes are:
- Murder
- Kidnapping
- Domestic violence
- Child indecency
- Sexual assault
- Robbery
- Human trafficking
- Injuring a child, disabled, or an elderly person
- Some drug offenses
Sealing Process If Ineligible for expunction
Individuals who do not qualify for expunction in Texas can pursue record sealing of their criminal records. However, criminal records are not destroyed but are sealed and hidden from the public and can be viewed by government agencies.
Having a criminal record can make your life difficult as it can affect your ability to get loans while signing a lease, or even finding a job. Speak to a qualified Texas criminal lawyer to discuss your legal options of expunction and set your life back on track.