Overview of Texas Criminal Record Expunction and Clearing
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UPDATED: Jul 15, 2021
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In Texas, if you were wrongfully arrested, or found not guilty, or charges were dismissed, or were arrested but later won an appeal or received a Governor’s pardon, you are eligible to completely clear your adult criminal record history. The process is called “expunction” (also known as “expungement”). Convictions, probation, and adult deferred adjudication orders cannot be expunged. If your criminal record cannot be expunged, the only other route is a record clearing option, called an “Order of Nondisclosure” (though 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. Certain crimes, such as domestic violence, DWI, and sexual offenses, cannot be expunged or sealed.
Expunctions completely purge your entire adult criminal record or a particular criminal charge, including paper and digital records where the Order for Non-Disclosure seals your record and limits the dissemination of your criminal history to only law enforcement, licensing agencies, and other state officials. There is a waiting period before you can file for sealing. An expunction is a better choice because it erases your criminal past.
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 has a criminal record.
Moreover Texas has a system that automatically makes juvenile records harder to access once 21 is reached, assuming there has not been any convictions since 17. Called “Automatic Restriction of Access to Records”, the minor’s records are not destroyed or sealed, but their availability is limited to criminal justice agencies.
For more articles on the Texas expunction process, click on the following: