What is an Expunction?
Expunctions allow a person to “erase” a wrongful arrest from his or her criminal records. This procedure was created by the Texas Legislature and is found in Chapter 55 of the Texas Code of Criminal Procedure.
If a court grants an expunction, then a Petitioner can deny that an arrest occurred and the existence of an expunction order. It also requires government agencies to return Petitioner’s arrest records to the court or obliterated them if return is not practicable–thus erasing the arrest records of Petitioner.
People usually seek expunctions of their criminal arrest records to increase their odds of getting a job.
Am I eligible for an Expunction?
Generally speaking, there are 6 categories of expunctions under Chapter 55 of the Texas Code of Criminal Procedure:
1. expunctions after being acquitted of a crime (at trial);
2. expunctions if a person is pardoned;
3. expunctions arising out of identity theft;
4. expunctions after being convicted at trial but then acquitted on appeal;
5. expunctions under Chapter 55.011 for posthumous relief based on the Timothy Cole case. (Mr. Cole died in prison after being convicted of a rape he did not commit); and
6. expunctions after dismissal (this is the most common type of expunction).
It is best to speak with a qualified attorney to determine if you are eligible for an expunction in Texas.
Are Petitions for Expunctions the same as Petitions for Nondisclosure?
No. The requirements for Petitions for Nondisclosure are found in Chapter 411.081 of the Texas Government Code and they have different eligibility requirements than Expunctions.
Need and Expunction in San Antonio (Bexar County) or surrounding areas?
Then call 210.733.7575 for a free in-person consultation.
GENARO R. CORTEZ