Expunction | Sealing Your Record | Fort Worth Expunction Lawyer

Having a criminal arrest on your record can create all sorts of problems in your life. It can affect your current employment, your job prospects, your ability to get a loan, and even your chances of getting into certain schools or colleges.

The good news is that there are ways that you can have your criminal arrest record expunged. This means that it’s erased, and the public won’t be able to see it. The goal on an expunction is to make the criminal charge treated like it never happened.

The first step in getting an arrest sealed through an expunction or non-disclosure is that you need to get a great outcome on the case (i.e. dismissal, dropped charge, no bill).  We can certainly help with that if needed, but if you are looking at the next step, at Hoeller McLaughlin PLLC, we offer an experienced Fort Worth expunction lawyer, Lindsay Truly, to help with the expunction process.

Whether we are there from the beginning or not, our team at Hoeller McLaughlin PLLC are here to help you get your life back on track.

What is My Record?

Anytime someone is arrested in Texas, than that arrest gets recorded on the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) databases.  That is the law enforcement “record” and that is where information generally gets pulled when someone is doing a background check.  In addition to the arrest, any subsequent action on that arrest (dismissal, conviction, probation, etc.) would also get recorded on your record.

Does Your Criminal Record Automatically Get Sealed when a case is dismissed?

No. It is a very common misconception that once a case is dropped or dismissed that your record is now clear, but that’s not how it works. The dismissal would end up on your record, which is helpful, but the arrest itself would also still appear and it still might be something you would need to address if someone was doing a background check.  Once you get arrested, that arrest stays on your record FOREVER unless you file a lawsuit for an expunction or Petition for a Non-Disclosure.

What is an Expunction?

An expunction, or expungement, is a court order telling those agencies with a record of your criminal arrest to destroy those records, preventing it from being disclosed to anyone. It will also allow you to legally deny any prior arrests or convictions (there are exceptions for certain governmental agencies). An expunction lawyer can guide you through the process of having your record expunged.

If your record has been expunged, it can no longer be used against you in a court of law. A criminal record that’s been expunged will not appear on background checks and can no longer be used against you in sentencing in a future criminal case.

Under Texas law, whether you were arrested for a misdemeanor or a felony, your criminal record may meet the requirements for expunction if:

  • The judge or jury ruled in your favor and you were acquitted at trial with a Not Guilty;
  • Your case was completely dismissed, dropped, or no billed and the Statute of Limitations has passed;
  • You received a presidential pardon or pardon from the governor (extremely rare);
  • You weren’t formally charged (i.e. case was not filed or indicted) after arrest and the waiting period is over (2 years for misdemeanors; 3 year minimum for felonies; some charges have no statute of limitations and those have their own specific waiting period expunction procedures);

The most important element is almost always that the case needs to end up dismissed, dropped, not guilty, or no billed to be able to be expunged.  Even if you do not meet the criteria for an expunction, it is possible to have the case non-disclosed.

What Criminal Records Can Be Expunged versus Non-Disclosed?

Arrests stay on your record for life, regardless of the seriousness of the offense or if the case was dropped unless your obtain an expunction or a non-disclosure. In order for the case to be eligible to file a lawsuit to expunge your record (get it completely off your record), the case must have been dismissed, no billed by a Tarrant County Grand Jury, dropped by the arresting agency, or ended in an acquittal at trial.  If you plead guilty, were placed on deferred or straight probation, or the case resulted in a conviction, you are not eligible for an expunction in the State of Texas.

If you are not eligible for a complete expunction, you may still be able to seal your record with a non-disclosure with the following Texas general guidelines (make sure to consult with a lawyer because there are special rules and restrictions for certain types of offenses, like family violence offenses):

  • Misdemeanor – Your record may be non-disclosed after the completion of deferred adjudication probation and the case resulted in a dismissal.  There can be up to a 2 year waiting period for misdemeanors non-disclosures and it usually requires no other criminal history.  Your lawyer can help you act quickly if this applies to you, so you don’t have to worry about suffering the penalties of these charges on your record.
  • Felony – Your record may be non-disclosed after the completion of deferred adjudication probation and the case resulted in a dismissal.  You’ll have to wait five years for your lawyer to non-disclose a felony record. After the five-year waiting period, you have an opportunity to act.
  • Aggravated & Family Violence Offenses – Some types of cases may never be expunged or non-disclosed even if they resulted in a dismissal after completing deferred probation. If you’ve been charged with one of these offenses, reach out for a lawyer’s help in reducing the penalties or trying to get an outcome that can be sealed some day.

Texas’ Expunction Process

The process for getting your criminal record expunged in Texas isn’t easy. It requires a lawyer and can take months to finish, but if your expungement is successful, the offenses on your record may be permanently gone. If you’re not sure whether you qualify or what steps to take, contact our Fort Worth expunction lawyers, who have extensive experience and expertise in handling expunctions.

The first step your lawyer will take is filing a petition for expunction with the court. This petition must include:

  • A certified copy of your arrest warrant or citation
  • A certified copy of the judgment of conviction or plea agreement
  • A sworn statement from the defendant stating that he has no other pending charges against you
  • A sworn statement from the prosecutor stating that there are no other pending charges against you

The petition also has to include proof of payment of all the fees required by law or court order, such as filing fees. Your lawyer will be able to help determine whether these fees apply to you and how much they’re likely to cost.

You may also need to provide proof that you have completed any probation or other requirements imposed by the court.

Finally, a hearing will be scheduled with the Court if the State does not agree to the expunction or non-disclosure. The judge will then review all of the documents provided by both sides before making a decision as to whether or not to grant an expunction or non-disclosure. If granted, then all of your criminal records are expunged.

We’ll Help You Start The Expunction Process

The option to get rid of your criminal records means you have a chance to move forward with your life without worrying about the past coming back to haunt you. You have the chance to apply for jobs, housing, and other opportunities without worry or fear.

A Fort Worth expunction lawyer can help you get the process in motion and change your life. Give the attorneys at Hoeller McLaughlin PLLC a call at 817-334-7900 or complete our online form so we can get in touch with you.