Expunction in Texas: What Does it Take to Have Your Records Sealed?

Posted By on May 1, 2015 | 0 comments

It’s hard to bounce back from a criminal conviction. Having a criminal record can cause serious consequences and cost a person important opportunities. In Texas, for example, a person is constantly screened for past crimes when applying for a job or looking for a new place of residence.

According to the website of Ian Inglis Attorney at Law, particular circumstances can allow a person some leeway in this regard. The Texas Code of Criminal Procedure allows certain individuals to file for expunction—a legal process that can have criminal records sealed away or cleared. In some cases, the court can also grant an eligible individual to say that they have never been arrested nor convicted of a crime if asked during interviews and other similar procedures.

Expunction provides opportunities for those looking to start over after a criminal conviction. However, not everyone can be eligible to undergo this legal process. As stated by Texas law, the option for expunction is only open for those applicable to the following circumstances:

  • Wrongful convictions
  • Pardoned convictions
  • Arrests without conviction
  • Acquittals
  • Juvenile offenses

Anyone looking to file for expunction must also have to wait until a specific amount of time has passed. The length of time required for expunction will depend on the nature of the criminal conviction. In Texas, Class C misdemeanors require 180 days from the date of the arrest. Both Class A misdemeanors and Class B misdemeanors require a 1 full year. Meanwhile, felony charges require a wait time of 3 years.

Other specific factors might also come into consideration before being granted expunction by the court. The court might also need to take into account the nature and details of the crime being called into question. Individuals considering expunction will have to consult with a qualified defense attorney to learn more about the process.

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