Having a criminal record under your personal records in a public database is a thing unwelcomed by anyone. It hampers an individual in many daily interactions. Job opportunities may be lost, your friends and loved ones may suffer or the person in front of you may just view you with prejudiced opinions. Thus, a lot of people implicated in a criminal case look for a way to hide or remove these records from their personal details in the public database.
When will they delete criminal records under my personal details in the public database?
It is, first of all, integral to understand that each region has its own way to deal with the records related to misdemeanors or felonies. Therefore, it is imperative to read about the laws applicable in one’s state. It is also a good idea to consult with a lawyer for assault charges or misdemeanor crimes.
In Texas, one should know that criminal records are not expurgated automatically. The convicted person, suspicious people, and all the people related to the case have their personal records updated. Even the person not guilty doesn’t get the criminal records under their profile automatically deleted.
Thus, to get the records deleted one needs to make an expunction petition.
Who can make an expunction petition?
Not every criminal record is allowed to be expunged. People fulfilling the basic requirements for expungement as mentioned under Texas Penal Code 55.01 are allowed to file a petition for such a cause. Some requirements are:
Class C Misdemeanor
- The individual should’ve successfully completed deferred adjudication, and
- They were not convicted under felony in the past 5 years
Felony, Class A, and Class B misdemeanor
- The individual should be acquitted in the trial, or
- The individual should be pardoned for the earlier conviction, or
- The charges against the individual have been dismissed
Convicts in Felony, Class A, and Class B misdemeanor where charges are filled are not allowed for expunction. Expunction may also be denied if the individual falls under an exception category.
How does expunction work?
In a successful expunction petition, the criminal records in the personal details of an individual are deleted or destroyed from the public database.
To go about it, there is sometimes an initial waiting time before one can file a petition for it. In cases like not guilty, pardoned, or found innocent later on after conviction, the individual is allowed to forego this waiting time. Class A or B misdemeanor in which no charges were filled, a waiting time of a year is necessary.
Once the individual is clear on their waiting time, they may file a petition for expunction themselves or through a lawyer. Usually, a hearing date is scheduled about 30 days after the filing of the petition.
Once the court grants the expungement, the records kept by local, state, and federal agencies are destroyed. This process is dependent on the availability of the records, usually taking up to 6 months.
Is expungement worth the wait?
Expunction for specific types of crime needs one to wait for specific periods before filing a petition.
Waiting for three years in case of a felony but no charge or a year in case of Class A or B misdemeanor with no charge may feel like a lot but it is usually worth the wait.
Criminal records can hamper a person in a lot of processes. One may be eligible for various services like renting a house, taking a loan, obtain professional licenses, etc. that they were earlier barred from due to the presence of criminal records in their personal details in the public database.
Having a criminal record for a crime you were guilty of but pardoned or not guilty of leaves a really bad aftertaste for anyone. No one likes to be barred from services or opportunities for no reason, thus, it is worth waiting for expungement, and putting efforts to file a petition for expunction is worth it.
