Expunction or Expungement
If you have been arrested, you may think that nothing can be done to remove this information from your criminal history. An arrest record can affect your ability to obtain employment, or rent an apartment. However, in some cases, you can clear your record and get a fresh start. “Expungement” (also, expunction) is a legal process in which a Texas district court orders that your criminal history on a particular case be destroyed.
Once an expunction is granted, your arrest record, and any other files associated with your case are destroyed, all computer records of the case are deleted, and you are no longer required to admit that you were arrested or charge with this offense when filling out job applications, looking for housing, etc. By law, this criminal history information cannot be used against you once it is expunged.
Were you found not guilty at trial? Was your case dismissed? Was your case no billed by a grand jury? If so, you may be able to clear your criminal history with a Texas expungement! Also, you may be entitled to an expunction if you successfully completed deferred adjudication probation on a class “C” misdemeanor charge (e.g., theft under $50, assault/contact or threats, issuance of bad check, public intoxication, disorderly conduct, possession of drug paraphernalia, manifesting purpose of prostitution, etc).
Class C misdemeanors can be expunged, usually upon the expiration of the probation, upon dismissal, or if you were acquitted at trial in a Texas court. Don’t delay. Call now to find out if your Texas criminal record can be expunged. At Berlof & Newton, P.C., we handle expunctions throughout the State of Texas. Not only do we represent expungement clients in Dallas County, Collin County, Tarrant County, Denton County, Ellis County, Kaufman County, and Rockwall County, we also handle expunction matters in ALL TEXAS COUNTIES. Why wait? Call our Dallas County expunction lawyers now @ 214.827.2800, or use the contact form on this website, to find out if we can expunge your Texas criminal case.
Why you need an expunction
If you have been arrested, this fact is easily discoverable by potential employers, or anyone else who researches yourcriminal history information. A record of your arrest is maintained by a number of city, state, and federal agencies, irrespective of the outcome of your case. These agencies include City Attorneys, District Attorneys, Police Agencies, Sheriffs Offices, County Jails, Bond Desks, Texas Department of Public Safety, and the FBI. In addition, the internet makes your criminal record easy to find for anyone with a computer. Many counties now provide this information online, free of charge. Anyone with an internet connection can view your criminal case information, simply by visiting that county’s website and filling in the appropriate information. To search someone’s Dallas County criminal history, click here. To view Collin County criminal records, click here. For Denton County, click here. Want to check Rockwall County? Click here. Once granted, an expunction will cause any computer entries of this type to be deleted.
In Texas, expunctions are governed, in part, by Article 55.01 of the Texas Code of Criminal Procedure, which reads as follows. Please know that this statute is included for reference purposes only. Other statutes and/or case law will, in all probability, apply to your situation. You are strongly encouraged to seek legal advice from a qualified attorney who handles expunction matters, rather than relying on your own interpretation of this statute. Berlof & Newton, P.C. can help. Call us today! 214.827.2800.
Texas Code of Criminal Procedure, Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (1) the person is tried for the offense for which the person was arrested and is: (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or (B) convicted and subsequently pardoned; or (2) each of the following conditions exist:
(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and: (i) the limitations period expired before the date on which a petition for [Previous Hit] expunction [Next Hit] was filed under Article 55.02; or (ii) the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;
(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and (C) the person has not been convicted of a felony in the five years preceding the date of the arrest. (a-1) Notwithstanding Subsection (a)(2)(C), a person’s conviction of a felony in the five years preceding the date of the arrest does not affect the person’s entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02. (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:
(1) tried for the offense for which the person was arrested; (2) convicted of the offense; and (3) acquitted by the court of criminal appeals. (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.
(d) A person is entitled to have any information that identifies the person, including the person’s name, address, date of birth, driver’s license number, and social security number, contained in records and files relating to the arrest of another person expunged if: (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person’s identifying information without the consent of the person asserting the entitlement; and (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person’s identifying information.
If you need a Dallas County expunction, call the Dallas County expungement lawyers at Berlof & Newton, P.C. Our Dallas expunction attorneys can assist you with your expungement not only in Dallas County, but also in Collin, Denton, Tarrant, Ellis, Rockwall, and Kaufman Counties, and all other counties throughout the State of Texas. Call us now @ 214.827.2800 or use the contact form on this website.