How can I have a criminal arrest record expunged?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I have a criminal arrest record expunged?

17 YEAR-OLD ARRESTED FOR FELONY POSSESSION OF CRIMINAL INSTRUMENT. PLED TO CLASS B MISDEMEANOR AND RECEIVED DEFERRED ADJUDICATION. DEFERRED ADJUDICATION COMPLETED WITHOUT PROBLEM. NOW 27 YEARS OLD, HAVING PROBLEMS OBTAINING JOB AND HOUSING. WAS SUGGESTED THAT HE HAVE THIS ARREST REMOVED BY EXPUNGEMENT.

Asked on May 24, 2011 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In Texas, certain criminal matters can be removed from your criminal record. The process is called “expunction” (also known as “expungement”). Convictions, probation, and adult deferred adjudication orders cannot be expunged with certain exceptions – a conviction of a Class C misdemeanor among them. However, your conviction was for a Class B misdemeanor.  If your criminal record cannot be expunged,  you may be able to obtain an “Order of Nondisclosure”. Although not every type of offense is eligible for nondisclosure.

 

Both procedures have the purpose of limiting or preventing access to information regarding your criminal records by third parties (this includes employers).

 

If you were convicted as a minor, motions to seal are available to a juvenile’s criminal records. The arrest, detention, prosecution and conviction can be physically sealed, but the process is not automatic.  The court reviews several factors, such as the type of case, its disposition, whether there is any new or current charges pending as either an adult or juvenile. The upshot of the sealing of the arrest and prosecution records is that the minor can respond with “no” on applications if asked if she or he is asked about having a criminal record.  

 

At this point point, you really should consult with a criminal law attorney in your area. Having a chance to clear your criminal record is well worth it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption