Texas Lawyers Discuss Criminal Record Expungement Eligibility
Having a criminal record can make life real tough, ya know? It’s like no matter how hard you try to move on and do better, your past mistakes just keep coming back to haunt you. But hey – don’t lose hope! There are ways under Texas law to get certain arrests and convictions removed from your permanent record. This is called “expungement.”
Now expungement can get a lil’ complicated, so I called up some lawyer friends of mine to break it all down. These folks know their stuff when it comes to clearing records in the Lone Star State. Let’s see what they said, a’right?
Acquittals & Dismissals
First up, my buddy Jamie over at the Dallas County Public Defender’s office said if you were arrested but then found “not guilty” at trial, you can totally get that arrest record wiped clean. Same goes if the charges against you were dropped or dismissed – say the DA realized they didn’t have a strong enough case. The court can expunge any record of an arrest if you weren’t convicted.
But Jamie warned even if your case gets dismissed, you gotta go through the process of petitioning the court for expungement. Otherwise, that arrest will keep haunting your background checks! No bueno.
Waiting Periods
I also talked to Sarah who runs a criminal defense firm out in Houston. She said for some convictions, you gotta wait a while before you can ask to get your record expunged.
For example, with low-level Class C misdemeanors, you gotta wait at least 180 days after your conviction before filing for expungement. And if it was a felony conviction, you typically gotta wait a minimum of 3 years. Dang, talk about patience!
The good news is certain misdemeanors like first-time DWI or minor in possession of alcohol can be expunged right away. But for serious crimes like murder, domestic violence, and sex offenses – fuhgeddaboutit. You can kiss expungement goodbye.
Juvenile Records
I also chatted with Luis who runs a juvenile defense practice out of San Antonio. He said juvenile records can be sealed once you turn 17 through a process called “non-disclosure.” This keeps your teenage mistakes confidential.
But Luis said you gotta jump through some hoops first, like completing probation and staying out of trouble. Once you turn 21, you can ask to have your juvenile records destroyed, which is like the holy grail of record-clearing!
Pardons & Actual Innocence
My law professor buddy Calvin at UT Austin chimed in that if you’re later pardoned for a crime or proven 100% innocent, you can absolutely have your conviction wiped from your record. But heads up – pardons are super rare, like lottery-winning rare.
Calvin said to get a pardon, you’ll need the Texas Board of Pardons and Paroles to take pity on you. And for an actual innocence finding, you’ll need irrefutable evidence you didn’t commit the crime. So don’t get your hopes up too high.
Violent Crimes
Lastly, I checked in with my law school pal Maria who now works as a prosecutor in El Paso. She stressed that violent crimes like assault, robbery, rape, and murder cannot be expunged – pretty much ever.
Same goes for offenses against children, human trafficking, and most sex crimes. The state just isn’t willing to wipe the record for dangerous felonies. You’ll be stuck with that scarlet letter conviction forever, unfortunately.
The Waiting Game
So in summary, expungement rules vary a ton under Texas law based on your specific situation. Minor convictions can often be cleared after a waiting period, while serious violent crimes tend to stick on your record for life.
My lawyer friends all agreed – if you have a criminal record and want to wipe the slate clean, be patient and talk to an experienced attorney. They can review your case and lay out all your options. It may take some time and effort, but clearing your record could be worth it in the end.
Just focus on keeping your nose clean going forward. The less trouble you get into, the better your chances down the road! Best of luck out there, amigos.