What's great about having records sealed is that only government agencies might see your record. No one in public is allowed to view or release the information.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
1. Are You Trying to Get a Felony Expunged?
If you dealt with the most serious level of crimes in the country, you might have it on your record and want to get it expunged. Those people who are arrested over a felony but never charged with one can get felony expungement.
It requires that you wait three years from the arrest and enter a petition. Navigating the petition process is challenging but working with a lawyer ensures that you get this off of your record. It could be damaging your ability to apply for lots of life's necessities.
2. Are You Trying to Expunge a Misdemeanor?
Getting a misdemeanor expunged is somewhat more flexible than getting a felony expunged but it still requires some work. There will be a waiting period just like getting a misdemeanor expunged.
Class A and Class B misdemeanors require waiting a year from the arrest. It only takes six months to start applying for the expungement of a Class C misdemeanor.
However, it's going to take some effort in filing paperwork and speaking to the courts. Your best bet is a get a professional advocate in Texas via hiring an attorney.
3. Wondering if You're Eligible?
Determining whether or not you're eligible is challenging if you're not experienced with navigating the legal system.
The basic element of getting a record expunged is if you weren't found guilty. The other case is if you received a deferred adjudication in Class C.
Most people try to get a DUI or DWI expunged because it carries so many repercussions. It's a challenging expungement because it's meant to carry deep consequences as a reminder to not repeat the crime. However, the right lawyer can help you get rid of that mark on your record.
4. There are Specific Types of Crimes Eligible
Knowing what types of crimes, beyond the classes listed above, is important for deciding whether or not you can get a record expunged. Along with arrests that never lead to a charge and charges that were dismissed, there are several more things that can be expunged.
Qualifying misdemeanors for juveniles are a common type of record to be expunged. There's no point in making someone suffer for the mistakes they made as a child. Failures to attend school as a minor are another type that can be expunged.
Certain alcohol offenses are also eligible. If identity theft created a record in your name, that's eligible. Anything that led to an acquittal from the criminal court of appeals is also eligible.
5. Wondering What's Not Eligible?
People with a felony on their record five years prior to the arrest they're looking to expunge are going to face challenges. In most cases, that arrest won't be able to be expunged.
Offenses beyond Class C misdemeanors that lead to a conviction won't be expunged unless they meet very specific criteria. Not everyone is eligible but talking to a lawyer can help to ensure that you're not wasting your time or not missing an opportunity with regards to expungeme
6. Have You Considered Record Sealing?
When expunging a record isn't in the cards, there are still a few other options. Thanks to Texas law, petitions for nondisclosure or getting a record sealed are possible under certain circumstances.
Deferred adjudication is another option considered in a plea deal where if the defendant goes with a guilty or no contest plea, they can have the record sealed. This is when they're willing to meet certain requirements even including supervision.
7. Wondering What's Not Eligible?
What's great about having records sealed is that only government agencies might see your record. No one in public is allowed to view or release the information.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
8. Worried About All of the Forms and Formalities?
If you're not good at dealing with bureaucracy, getting your record expunged or sealed is going to be a challenge. As you can see, your case needs to meet very specific criteria for expungement.
When it does, it still requires the work of putting together a petition and going through the tasks of filing it properly. When it doesn't, you still might be eligible if you're able to play your cards right.
No matter the conditions, meeting all of the requirements is still a challenge.
Expunging Records in Texas is Life-Changing
If you're concerned about how your record looks when you go in for a job or submit to a background check, it's time to fix that. Expunging records in Texas is made to help people who've made mistakes to move on from the past.
Contact us today
to determine whether or not you're eligible for expunction.