Midland Expungement Lawyer

How to Get My Record Expunged in Texas

When a person is arrested for or convicted of any type of criminal offense, they will have a permanent criminal record reflecting the charges. This record can show up for years on background checks for home rentals, loans, and employment opportunities. Rather than allow a past mistake to dictate your future, speak to one of our Midland expunction lawyers and find out whether you may be eligible for an order of non-disclosure or expunction. We may be able to help you seal your records.

What Is an Expunction?

The civil process of removing an arrest or conviction from the public record is known as an expunction. If you are arrested and charged with a criminal offense, the charge remains on your record regardless of whether you are convicted. Even if the case is dismissed, you could have a charge on your record impacting your daily life. An expunction is one method of clearing an offense from your record.

When Are You Eligible for an Expunction in Texas?

You may be eligible for expunction if:

• Your case was dismissed.
• You were found not guilty at trial.
• You were arrested but never charged.
• You committed an alcohol-related offense and are now 21 or older.

Whether you are eligible for an expunction will depend on the details of your case and the charge. We can work with you to determine if you qualify for an expunction and provide you with the legal assistance you deserve.

How Long Does It Take to Get an Expungement in Texas?

In Texas, it usually takes 4 - 6 weeks to get an expungement. Once the court has granted the expungement, it usually takes 180 days for state, local, and federal agencies to destroy their records. Getting an expungement is a confusing and complex process.

Can a Misdemeanor Be Expunged in Texas?

A misdemeanor can be expunged in Texas if your arrest did not lead to a guilty verdict or the case was dismissed under certain circumstances. At Eckman Law Firm, PLLC, our expungement lawyers in Midland can determine if this may be viable.

How to Expunge a Felony in Texas

Expunging a felony in Texas is a legal process that involves petitioning the court to remove a criminal conviction from your record. This can be a beneficial process for individuals who have been convicted of a felony and are looking to move on with their lives.

The first step in expunging a felony in Texas is determining if you are eligible for the process. To be eligible, you must have completed all terms of your sentence, including probation or parole. Additionally, you must not have any pending charges or convictions, and you must not have been convicted of a crime that is not eligible for expungement.

Once you have determined that you are eligible, you must file a petition for expungement with the court. This petition should include information about your conviction, the terms of your sentence, and any other relevant information. You will also need to provide a copy of your criminal record to the court.

The court will then review your petition and decide whether or not to grant the expungement. If the court grants your petition, the conviction will be removed from your record, and you can legally state that you have not been convicted of a felony.

It's important to note that there are limits on the number of times one can petition for an expungement, and the decision is ultimately up to the judge. In Texas, expunging a felony can be complex and time-consuming. However, with the help of our Midland expungement attorney, you can navigate the process and move forward with your life with a clean record.

What Crimes Cannot Be Expunged in Texas?

• Capital murder
• Sexual assault
• Aggravated robbery
• Aggravated kidnapping
• Aggravated sexual assault
• Indecency with a child
• Certain drug offenses
• Using children in the commission of an offense
• Injury to a child, elderly, or disabled
• Criminal solicitation (felony of the 1st degree)

Who Can See Expunged Records in Texas? 

In Texas, expunged records are not available to the public, including potential employers, landlords, or other interested parties. Once a record is expunged, it is as if the arrest or conviction never occurred, and the individual can legally deny the occurrence of the arrest or conviction.

The Texas Code of Criminal Procedure sets out who can access an expunged record. According to the law, after a record is expunged, only the following parties can access the records:

• The person who was arrested or charged with the crime.
• The attorney representing the person who was arrested or charged.
• Criminal justice agencies, such as law enforcement agencies or the district attorney's office, but only for criminal justice purposes.
• Certain employers, such as law enforcement agencies or governmental entities, are in limited circumstances.
• Courts, in certain circumstances.

It's important to note that even though expunged records are not available to the public, there are some exceptions. Additionally, some private background check companies may mistakenly report expunged records, so monitoring your records and disputing any incorrect information is important.

Understanding a Texas Order of Non-Disclosure

If you do not qualify for an expunction, you may qualify for an Order of Non-disclosure. Unlike an expunction, a non-disclosure seals your record from being viewed by schools, potential employers, and other people who look into your record so that it can no longer be viewed by anyone but law enforcement and certain governmental agencies. At Eckman Law Firm, PLLC, our non-disclosure lawyers in Midland can determine if this may be a viable option.