If a person has been convicted of a crime in Texas, there are circumstances where information about their arrest, charge or conviction may be removed from their criminal record. This is called an expunction and there is information available about the process.
Eligible records
There are certain records that are eligible for expunction. These include an arrest for a crime that was never charged, a criminal charge that was dismissed and some misdemeanor juvenile offenses.
Also, if the person was arrested, charged or convicted because of identity theft or convicted of a crime that later resulted in an acquittal or was pardoned, those may also make the record eligible for expunction.
Eligibility for expunction is dependent on the individual’s circumstances and these are only some examples of when it may apply.
Process
The first step to obtain an expunction is to file a petition with the court. The petition may require the petitioner to include personal identifying information, details about the offense and when the arrest occurred, the name of the arresting agencies and a list of agencies that have a record of the arrest. The petition must also be notarized when it is signed and then it may be filed with the court.
After the petition is filed, the court will hold a hearing. If the petitioner meets all of the requirements, the court will grant the expunction and sign an order which can then be submitted to agencies that have a record of the offense.
An experienced attorney can review the circumstances of the arrest or offense and provide advice about next steps in the expunction process.
