Law enforcement authorities start maintaining the records from the moment an individual makes contact with the police and then updated them at every juncture. And these records continue to exist regardless of the final verdict of that contact. Since most of these are public records, there may come a time when these records reappear to haunt an individual. A misdemeanor record, even if the individual wasn’t charged as guilty in the end, usually ends up attracting prejudice against the individual. Some unreasonable people may even not allow a job to someone solely based on the arrest. There may yet be other reasons people would want to get criminal records off their personal records. The state law in Texas has certain provisions to go about this problem.
Expungement Laws in Texas
In Texas, criminal records can be dealt with in two ways:
- Expunction
Destruction of past criminal records from the public database.
- Non-Disclosure
Sealing or blackout of information of offense from public record
What Is Expunction? How is it different from Non-Disclosure?
Expunction (55.02, Texas Code of Criminal Procedure), in simple words, refers to a judicial order to destroy certain records relating to an arrest. Chapter 55 of the Texas Code of Criminal Procedure specifies the requirements to be met by an individual before they can apply for an expunction. Agencies like the Department of Homeland Security, though, may still keep the knowledge.
While a non-disclosure order (411.081(d), Texas Code of Criminal Procedure) only seals your record and keeps it out of access for all except enforcement agencies. A non-disclosure petition is also allowed in cases of a plea of guilty albeit with some requirements.
In both cases, an individual is allowed by the state laws to deny any past arrest records on official documents and applications.
Eligibility for Expungement in Texas
Texas Code of Criminal Procedure, Section 55.01 cites the following requirements for expunction:
- No criminal charges were filed against the individual
- The individual was charged but acquitted on an appeal
- The charges were later dismissed in another order
- The individual was found innocent after a conviction
- The individual was arrested but not tried and also has approval from the prosecutor
- A successful plea bargain was made by the individual
- Issue of “no-bill” by jury while the charges against the individual were being considered
- The individual was sentenced to a childhood misdemeanor offense
- Receival of a pardon from the governor or the president
Certain criminal convictions like DWI offenses or straight probation are not eligible for an expunction order. Deferred adjudication is only allowed for Class C misdemeanors. Individuals sentenced with Class A misdemeanors in Texas or Class B misdemeanors in Texas cannot petition for expunction but only for non-disclosure.
The process for expungement in Texas
One should consult his misdemeanor lawyer in length about his past records before moving on to deciding to file a petition for expungement. It’s also a good idea to verify and secure a copy of your criminal records before the discussion with the attorney. In Texas, the criminal records of a person are kept by the Texas Department of Public Safety.
The time is taken for the completion of an expungement petition usually depends on factors like which court, the time of year, and the accessibility of the records. Typically, the period varies from 2 to 4 months.
