Criminal Record Expungement written out on paper

Understanding Texas Expunction

Rick Davis & Associates Attorneys at Law July 28, 2022

In 2021 in the state of Texas, 210,934 felony cases and 306,6699 misdemeanor cases were filed, according to the Annual Statistical Report for the Texas Judiciary. While many file cases, not all cases result in a conviction. A person may be accused of a crime, arrested, and acquitted of all charges.

However, in most cases, an arrest will remain on your criminal record – until you take steps to have it expunged from your record. As an experienced criminal defense attorney, I can help you understand your legal options and, if you are eligible, guide you through the expunction process. My firm, Rick Davis & Associates Attorneys at Law, provides legal guidance to clients in Bryan, Texas, and the surrounding areas, including College Station, Brenham, Anderson, and Madisonville.

What Is an Expunction?

In Texas, an expunction can, in certain situations, remove entries from an adult criminal history record. An expunction, also known as an expungement, is similar to sealing records for minors but applies to an adult record.

Who Is Eligible for an Expungement?

There are certain circumstances that must be met in order for an individual to be eligible for an expungement. First, Class C misdemeanors that resulted in deferred adjudication are eligible for expungement. You cannot seek an expungement for a Class C misdemeanor until 180 days have passed. Speak with an experienced Texas criminal defense attorney to learn more.

You can also have been charged with a Class A or Class B misdemeanor or other more severe charges and still seek an expungement. For these charges, if the offense did not result in a conviction, charges were not filed, charges were dismissed, or if you were acquitted or pardoned, then you are eligible to file for an expunction.

Who Is Not Eligible for an Expungement?

There are many conditions that must be met to successfully obtain an expungement. While the waiting period to file is 180 days for Class C misdemeanors, it is one year for Class A and B misdemeanors and three years for felonies.

It is also vital to pay attention to the statute of limitations. If charges were brought against you, then the statute of limitations (the deadline after which a case can no longer be brought) must expire for each crime that you were arrested for, even if you were not actually charged with all of them.

What Are the Benefits of an Expungement?

There are several key benefits to obtaining an expungement. First of all, the charges will be cleared from your criminal record. You also do not have to discuss the arrest or the charges.

When you are applying for a job, you do not have to disclose your arrest or the charges if they have been expunged from your record. Additionally, if a potential employer performs a background check, criminal records that have been expunged will typically not show up. This can lead to more opportunities.

What Is the Process?

A knowledgeable criminal defense attorney can guide you through the process of expungement. First, you must observe the waiting period that applies in your case. If you were convicted of a Class C misdemeanor, you must successfully complete your deferred adjudication.

You must meet the conditions for eligibility, and you need to file an application for an expunction in the county where the arrest occurred. You must also submit a fingerprint card.

Turn to Reliable Representation

After an arrest, you may feel like your life and future are spinning out of control. Protect your rights and understand your legal options with the help of an experienced criminal defense attorney. I have more than 20 years of experience, and I have tried more than 60 cases in front of a jury as a lawyer, and I understand the urgency of your case. Contact me at Rick Davis & Associates Attorneys at Law today for legal help. I proudly represent clients in Bryan, Texas, and the surrounding areas, including College Station, Brenham, Anderson, and Madisonville.