Texas law allows for a judicial order that directs various recordkeeping agencies and entities to remove (or “expunge”) a person’s criminal background records. This process is called Expunction, or sometimes Expungement. In a highly competitive world, a person’s background is used by employers, schools, housing authorities, loan organizations, government agencies, credit reporting agencies and others to make important decisions regarding the future.
The Law Firm of Carolyn McDaniel & Rick Forlano in Richmond, TX can work with you to pursue expunction of your criminal records under Texas law. We believe in second chances for those deserving them, and we will work to see that you are able to start life over with a full slate of opportunities before you. Call us today at 281-342-6541 or send a message online to inquire about expunction in Texas.
Allowing some individuals to clear a criminal record from all databases can enable them to begin life anew with a clean slate. Opportunities that were once closed to them may now be open. The Texas Code of Criminal Procedure outlines the provisions by which an individual may clear an arrest record. The criminal proceedings must have not led to a conviction or community supervision, and any Class C misdemeanor crime must not have required community supervision.
Once an individual qualifies for expunction under Texas law, the use, release or other dissemination of their criminal records is prohibited and punishable by law. These records may even be erased from local, state and federal records. This means that your arrest record, evidence that includes any DNA samples or fingerprints and records of your detention are destroyed, as if they never existed.
When applying for a job, housing, a loan or anything requiring the divulgence of your background, you can lawfully state that you have no prior criminal record. The only exception is if you are ever questioned under oath in a courtroom. In that instance, you must reveal your previous record and the circumstances of your expunction.
Under the Texas Penal Code, there are strict guidelines that govern expunction, including who is eligible. The basic requirements include:
Basically, if you were charged with a crime, you were found not guilty or your case was dismissed, you may be eligible for an expunction in Texas.
Any arrest for serious misdemeanors or felonies in Texas will seriously prejudice law enforcement officers against you in the event you are pulled over or become involved in a situation where a crime has been committed. Even if you were found not guilty, the charges were dismissed or you never even received an inditement. It is in your best interests to pursue expunction to protect yourself and your rights in the future.
The Law Office of Carolyn McDaniel & Rick Forlano can help individuals in Richmond and Fort Bend County, TX with crafting, filing and pursuing a request for expunction before the Texas courts. Call our office or send a message online to inquire about how we can help you wipe your slate clean.