Expunction of Criminal Records in Dallas
Clear Your Criminal Record with a Dallas Expungement Lawyer
Expungement refers to the process of sealing arrest and conviction records. A criminal record can create difficult downstream consequences whether you (or your child) was arrested or convicted. Having a criminal record can affect your ability to get a job, rent a home, or obtain a loan.
The Texas Department of Public Safety reminds readers that if they do not have any convictions, they may be able to expunge their records and delete any evidence of the arrests. If the courts found you guilty but you completed deferred adjudication, you can apply for non-disclosure and hide the record from the general public.
You may be able to clear an arrest from your record through a process called expunction if:
- Charges were never filed, or charges were filed but then dismissed
- You were acquitted
- You were pardoned or otherwise granted relief based on your actual innocence
- You have not been tried and the prosecutor recommends expunction
Getting your record expunged can be an important step to clear your record of criminal charges. Speak to our Dallas expungement lawyer at the Law Offices of Robert Gregg to learn whether your record can be cleared.
Get in touch with us today to schedule a FREE consultation. Call (214) 891-7536.
Expunging a Criminal Arrest or Conviction
Expungements provide a legal remedy to clear your criminal history from your record. Once your record is expunged, you no longer need to tell potential employers about your criminal history and your conviction will not be visible to local, state, and federal authorities. It will be as though the criminal charge never existed.
Not everyone is eligible to get your record expunged, but we recommend that you consult with us to see if you meet Texas' requirements for expungements.
Some of the relevant provisions that may allow you to seek expungement include:
- Criminal case dismissed
- Texas class "C" misdemeanors, including traffic violations
- Successful completion of deferred adjudication (order of non-disclosure)
- Successful completion of probation period
FAQs Regarding Expunction of Criminal Records
Does a deferred prosecution case qualify for expunction?
If you entered into a plea bargain agreement that included deferred prosecution, the courts likely dismissed your case. That means you are eligible for expunction once you have completed the diversion program.
Does a deferred adjudication case qualify for expunction?
If you were involved in a Class C misdemeanor case, your record is eligible for expunction. However, if you received a felony conviction or a Class A or Class B misdemeanor, you can only seal the record.
Is expunction the same as non-disclosure?
Non-disclosure seals your record from public view, and expunction deletes it entirely from existence. In both cases, though, you can legally deny the arrest to any third parties.
What if I pled guilty or no contest?
In Texas, a no contest plea is considered an admission of guilt. If you received a conviction, you are not eligible for non-disclosure or expunction unless you received pardon from the relevant authorities.
Does a straight probation case qualify?
A straight probation case counts as a conviction in Texas, which disqualifies you for non-disclosure and expunction. If you are still on probation, you may be able to apply for judicial clemency.
Will other cases impact eligibility?
The courts can disqualify you from non-disclosure if you violate any laws during the post-discharge waiting period, even if it is a simple traffic law. Any previous convictions can also damage your chances.
Who decides eligibility for non-disclosure or expunction?
Anyone who qualifies for expunction has the right to destroy their record, but a judge will decide if your case is eligible for non-disclosure. The judge does not have to seal records even if you qualify.
What is the waiting period for non-disclosure or expunction?
In most cases, you need to wait before you can file a petition to alter your criminal record. According to the Code of Criminal Procedure, petty crimes do not warrant a long wait, but the waiting period for serious crimes depends on the disposition of the case and the specific offense.
In most cases, obtaining a petition to appear before a judge can take between 40 and 60 days. This gives you and your attorney enough time to complete the paperwork and gather any documents necessary for your case. If the judge grants your order, it may take several weeks for authorities to seal your records, as well as several months to confirm the expunction order.
Powerful Legal Guidance in Dallas, TX
At the Law Offices of Robert Gregg, we have significant trial experience in the courts throughout Dallas. We can use our knowledge of the court system and our familiarity with the court processes to effectively and efficiently help you expunge your record if you qualify. Our lead attorney, Robert Gregg, has more than 20 years of experience representing clients and can provide you with responsive legal guidance.
It is important to contact our law firm for assistance as you petition the court for an expungement. We can inform you of your legal options and prepare a persuasive and aggressive argument in favor of expungement for you.
When you want to seal or clear a criminal record, contact the Law Offices of Robert Gregg at (214) 891-7536.