In the state of Texas, eligible felony and misdemeanor arrests can be expunged from an individual’s criminal record. The process to have your record expunged has several steps. The first step is to determine eligibility of each offense you wish to have removed. You may be eligible for expunction if your arrest did not result in a criminal charge, if you were found not guilty by a judge or a jury, if you have complied with the terms of a deferred adjudication program for a Class C misdemeanor, and some other circumstances. Your attorney will be able to help you identify qualifying entries on your record.
The second step towards obtaining an expunction is to apply for one. To do this, your attorney will file a Petition for Expunction with the district court, requesting an Order for Expunction. The petition paperwork that needs to be completed includes personal identifying information including the name of the offender, the offense, the date of arrest for the offense, and more. The forms must be verified by a notary upon completion and then can be submitted to the court.
Once your attorney files the Petition with the appropriate court, the court will schedule and conduct a hearing on the matter. This is done to provide an opportunity for it to be contested for any reason. If everything is in order, the court will grant the Petition. At this point, your attorney will need to present an Order of Expunction to the court so the judge can sign it. This Order is the official document that must be submitted to all agencies or organizations to compel them to delete all data related to the expunged offense.
Record expungement in Texas can be tricky and time-consuming, so your best bet is to contact a reputable criminal defense attorney to explain the details of the expunction process to you. He will be able to guide you if you choose to seek criminal record expungement.
Hiring a qualified and experienced criminal defense attorney in Texas who knows how to expunge your record in Texas can be the key that opens doors to a brighter future. Having a lawyer to advise you about the expunction process is the first step toward clearing your criminal record. If you or someone you know would like to explore having your criminal record cleared in the Austin, Texas area, do not hesitate to seek legal assistance from the knowledgeable and skilled counsel at Erskine Law. A board-certified criminal defense lawyer, Brian Erskine is a Texas professional who knows how to deal with record expungement cases. He has years of success defending clients against a variety of charges and helping them clear their records of arrests so they can move forward with less worry and greater confidence. Contact Erskine Law at any time to discuss how he can assist you.