Keep Your Record Clean with the Expunction Process
At Tommy W. Hull, PC, we understand how a criminal record can negatively affect your personal and professional life. If you have ever faced arrest, criminal charges, or convictions, your record is available to both law enforcement and the public. This can limit your employment, housing, or education opportunities.
Texas law permits you to petition for expungement in various cases. This legal solution allows you to permanently remove certain criminal offenses from your records and help you move forward with fewer challenges. Thanks to our extensive criminal defense experience, we can help assist you throughout the expunction process to keep your records clean.
A wide range of criminal offenses are eligible for expungement in Texas and may have different timetables for when you may submit a petition with a court. Certain records cannot benefit from expungement like being found in contempt of the court.
Records eligible for expunction under Chapter 55 of the Texas Code of Criminal Procedure include:
- An arrest for a crime that did not result in charges
- A criminal charge that a judge dismissed
- Arrest, charge, or conviction due to identify theft by another individual who was later arrested, charged, or convicted of the crime
- A conviction for a crime for which you later received an acquittal or pardon
Juvenile offenses may qualify for expungement, including convictions for certain alcohol offenses, failure to attend school, or specific misdemeanors.
A juvenile court may share information with the minor and their parents when issuing a conviction. Just like for other offenses, different types of juvenile records have specific requirements if you want yours expunged.
How to Expunge a Felony in Texas
In Texas, expunging a felony is not easy, but it is possible under certain circumstances. Here are the steps you need to take if you want to expunge a felony in Texas:
- Determine if you are eligible: Not all felonies can be expunged in Texas. Generally, if you were convicted of a felony and served time in prison or on probation, you may not be eligible. However, if your felony charge was dismissed, you were acquitted at trial, or you completed deferred adjudication probation, you may be eligible to have your record expunged. If you are seeking expunction for a felony charge that a judge dismissed, you need to wait until the statute of limitations has expired. The statute of limitations depends on the type of felony you were charged with.
- Obtain your criminal record: Before filing a petition for expunction, you must obtain a copy of your criminal record from the Texas Department of Public Safety (DPS). You can request a copy of your record online or by mail.
- File a petition for expunction: Once you have determined that you are eligible, you will need to file a petition with the court in the county where you were arrested or charged. Your petition must include a sworn statement that you meet the eligibility criteria and have not been convicted of felonies since the offense.
- Serve the petition on the appropriate parties: You must serve a copy of the petition on the prosecutor's office and any law enforcement agency involved in your case.
- Attend a hearing: The court will schedule a hearing to review your petition. You will need to attend this hearing and provide any evidence or testimony to support your request for expungement.
- Wait for the court's decision: If the court grants your petition for expungement, your criminal record will be destroyed or sealed. You can legally deny the existence of the expunged offense.
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If a judge grants your expungement request, the relevant record is no longer available to the public, including prospective employers, educational institutions, or any other agency that may request your criminal history. An expungement also helps improve your chances to secure public housing, financial assistance, or other benefits that a criminal record can impact.
If you need to testify during a criminal case hearing and must disclose your history, you must mention that you had your record expunged although you do not need to provide other details.
Only law enforcement and government agencies can access your expunged criminal records after you receive the judge’s approval.
Hire Tommy W. Hull, PC to Start the Expungement Process
Given the complexity of criminal law in Texas and how different types of records require specific steps and have different statutes of limitations, working with a trusted expungement attorney can help you secure a positive outcome for your petition.
Attorney Tommy W. Hull has extensive legal experience and previously served as a felony chief prosecutor for the state of Texas. He brings his detailed and up-to-date understanding of criminal law to each case, and you can expect tireless advocacy for your rights and interests.
During your initial consultation, we can carefully assess your situation and educate you on your expungement options and the likely timeline depending on your specific case. Our team can then accompany you throughout the expungement process. We can help you fill out the Petition for Expunction with the district court.
This petition usually involves details such as:
- Your name, date of birth, and other personal information
- The offense you are looking to get off of your record
- When the arrest happened and the name of the arresting agency
- Your case number
- Whether a charge was dismissed or acquitted
You need to get this form notarized when you sign it. You need to submit it to the appropriate court afterward. After reception and review of your petition, the court schedules a hearing and can grant the expungement at that time if no relevant agencies contest your request.
We can help prepare an Order for Expunction before your hearing so you can present it to the judge to sign if they approve your petition. Once you have your signed document you must submit it to all agencies that may have records for the offense you just had expunged. The institutions can either delete the records or return them to the applicable court clerk.
No matter how simple or complex your case is, attorney Hull fights for your rights and helps you keep your record clean to protect your future. We are here to address any questions you may have throughout your case to help you make informed decisions.
Call Tommy W. Hull, PC today at (432) 223-0044 or fill out our online form to schedule a free consultation to discuss your expungement eligibility in Midland County.