Expungement Lawyer in Travis County
You've likely heard that a criminal record can follow you around for a lifetime. However, you probably didn't realize the same is true for an arrest that doesn't result in a conviction. Arrests show up on background checks, making it hard to get a job, move into a new home, and more. Sadly, few people care if you were convicted or not. Instead, they assume that an arrest means you did something wrong.
You might think that you'll have to spend your life trying to run from the past, but our Travis County expungement lawyer can work to have the record expunged if you're eligible. Then, it will be like the arrest never happened, so you can stop running from the past and enjoy today.
What Records Are Eligible for Expungement?
Texas law allows people to file to expunge records related to:
- Arrests that did not lead to charges
- Dismissed criminal charges
- Charges that resulted in a not-guilty verdict or acquittal
- Records with the wrong name
Unfortunately, you cannot file to expunge convictions. However, our Travis County expungement lawyer can explore other options to seal your records.
Nondisclosure Vs. Expungement
Texas courts provide different options for adults who want to remove information from criminal records. First, expungement (expunction) permanently removes arrests and charges from criminal records. Then, the expunged records won't appear on background checks, opening up employment opportunities, new housing options, and more. Additionally, you will no longer have to admit to being arrested if asked. This action essentially turns back the clock and removes the arrest from your history.
While you cannot expunge a conviction, you might be eligible to file for an order of nondisclosure. If approved, the court will seal your record, meaning the public won't see the conviction. However, licensing and criminal justice agencies will still have access, along with some government entities. Still, sealing your records can make it easier to get a new job, change your housing situation, and more.
You cannot seal felony convictions. However, if you were convicted of a misdemeanor, you might be able to file after the waiting period. Also, some misdemeanor convictions are automatically sealed after completing the sentence. If you're unsure where you stand, consult with our Travis County expungement lawyer.
Timeline For Expungement
You want to expunge your records as soon as possible so you can move forward with your life. Fortunately, the process normally doesn't take very long. First, your Travis County expungement lawyer will file the required paperwork with the court. Then, the court will set a hearing date, which typically occurs approximately one month after receiving the paperwork.
Your attorney will present your case before the judge at the hearing. Then, the judge can grant the request during the hearing, but the records won't disappear immediately. Depending on the caseload, it could take the court six months or so to file it.
Waiting Periods For Expungements
In some instances, you can file for expungement immediately. However, you will need to wait for a specific amount of time if you were arrested but never received formal charges. The waiting period for Class C misdemeanors is 180 days from the time of the arrest. You must wait one year from the date of the arrest to file to expunge a Class A or Class B misdemeanor. Finally, you need to wait three years before filing to expunge a felony arrest that didn't lead to formal charges. If you are unsure if you can file now or need to wait, our Travis County expungement lawyer is here to help. Discuss your needs and get answers to your questions during the free consultation.
Expungements After Deferred Adjudication
If you completed deferred adjudication probation, your criminal record lists the arrest but not the conviction. Normally, you need to file for expungement to remove an arrest record. However, you can only go that route if you were charged with a Class C misdemeanor. Otherwise, you'll need to petition the court for an order of nondisclosure to seal eligible charges. If you're not familiar with the law, this can be confusing, so reach out to our Travis County expungement lawyer today to discuss the next steps.
