Common Grounds for Expunction Under Article 55A:

1. No Arrest or No Charges Filed:If you were arrested but no charges were ever formally filed against you, you may be eligible for expunction. There is typically no waiting period in this scenario.
2. Charges Dismissed:If charges were filed against you but were subsequently dismissed, you may be eligible for expunction. However, there are often waiting periods that apply, depending on the reason for dismissal:
   • Dismissal due to mistake, false information, or lack of probable cause: Generally, no waiting period.
   • Other dismissals (e.g., prosecutor’s discretion): A waiting period may apply (often around 180 days), and you generally must not have been convicted of a felony or a Class A or B misdemeanor in the past.
3. Acquittal (Not Guilty Verdict):If you went to trial and were found not guilty, you are generally eligible for expunction without a waiting period.
4. Arrested but Released Without Charge (Specific Circumstances):In certain limited situations where an arrest occurred, but the individual was released without any charges being filed (and the statute of limitations has expired), expunction may be possible.
5. Deferred Disposition (Certain Class C Misdemeanors):If you successfully completed a deferred disposition for certain Class C misdemeanor offenses (primarily those not involving traffic offenses), you are generally eligible for expunction once the deferral period and any conditions are completed.
6. Juvenile Records (Under Certain Conditions):While not strictly under the same provisions as adult records, Texas law allows for the sealing or expunction of certain juvenile records under specific conditions and age requirements.

Expunction Lawyer

Important Considerations for Eligibility:

• Final Disposition Required: Generally, the case must have reached a final disposition (e.g., no charges filed, dismissal, acquittal, successful completion of deferred disposition).
• No Subsequent Felony Convictions: In most scenarios, you cannot have a final felony conviction on your record to be eligible for expunction of a prior arrest or charge.
• Waiting Periods: As mentioned, waiting periods can apply, particularly in cases where charges were dismissed. It’s crucial to understand the specific waiting period applicable to your situation.
• Specific Offenses May Have Restrictions: Certain offenses, particularly those involving family violence, may have specific restrictions or ineligibility for expunction.
• Sworn Petition Required: The expunction process requires filing a sworn petition with the court.

How Beltz Law Group Can Assist You in Filing for Expunction

Criminal Defense Lawyer

Navigating the complexities of Texas expunction law can be challenging. Determining your eligibility, gathering the necessary documentation, and correctly preparing and filing the legal paperwork are crucial steps. The experienced attorneys at Beltz Law Group are well-versed in Article 55A of the Texas Code of Criminal Procedure and can provide invaluable assistance throughout the expunction process.

• Thorough Eligibility Assessment: We will carefully review the details of your arrest(s) and the final disposition of your case(s) to accurately determine if you meet the eligibility requirements for expunction under Texas law. We will analyze the dates, charges, and outcomes to provide you with a clear understanding of your options.
• Gathering Necessary Documentation: Obtaining all the required official records from various law enforcement agencies, courts, and other entities can be time-consuming and confusing. We will handle this process for you, ensuring all necessary documents are collected and properly prepared.
• Preparation of the Sworn Petition: We will meticulously prepare the legally required sworn petition for expunction, ensuring all information is accurate, complete, and in compliance with the specific rules and procedures of the relevant court.
• Filing the Petition with the Court: We will properly file the expunction petition with the correct court in the jurisdiction where the arrest or charge occurred, ensuring all filing fees are paid and deadlines are met.
• Serving Required Agencies: Texas law requires that various law enforcement agencies and other entities involved in your case be officially served with a copy of the expunction petition. We will handle this crucial step to ensure all parties are properly notified.
• Representing You at the Expunction Hearing: In many cases, a hearing is scheduled to address the expunction petition. Our attorneys will represent you at this hearing, presenting legal arguments and answering any questions the court may have to advocate for the granting of your expunction.
• Ensuring Record Destruction: If your expunction is granted, we will follow up with the relevant agencies to ensure that your records are properly destroyed as ordered by the court, providing you with peace of mind that your past is truly being cleared.