If you have a criminal record, the record will show that you were arrested and charged with a crime,
even though your case was dismissed or you were found not guilty.
Criminal history is used by governmental agencies, schools, employers, apartments and credit agencies to
judge a person. This can result in the denial of admission to schools, employment, housing and credit. In Texas, if a
person does qualify to expunge their criminal record, they can remove or erase their arrest, booking and court
proceedings from the local, state, and federal records.
Do you qualify for expunging your criminal record? A clean criminal record is something no one should
take for granted.
What Criminal Records Can Be Expunged?
Many Class "C" misdemeanors can be expunged, even if there was a plea of guilty or no contest (nolo contendere) if the
Defendant received a
deferred adjudication. A felony or a misdemeanor can be expunged if the person who was tried for the
offense and arrested was either:
- Acquitted or found not guilty by a judge or jury
- Convicted and subsequently pardoned or dismissed
Even if a person's criminal case was dismissed or they were found not guilty, their criminal record will show
that they were arrested and charged with a crime. A record expunction in the state of Texas will remove all criminal history
from their record
If a person does not qualify to have their criminal record expunged, they may be able to have their records
sealed by an
Order of Non-Disclosure.
Record Expunction Q&A
If you are eligible, expunging your criminal record is very important to your future opportunities in life.
Once an expunction is granted, your criminal record, including finger prints, booking-photo,
arrest report, and DPS records, are erased.
Q. Am I eligible for an expunction of records?
A. Legal cases resulting in dismissals, declines, or not guilty verdicts are eligible for expungement.
Q. How do I know if I am eligible?
A. If you think your criminal history contains past allegations that are suitable for expunction, please
We will be happy to evaluate your case for a nominal fee.
Q. Should I expunge a not guilty or dismissed case?
A. A criminal record does not automatically seal itself or go away over time. It remains public and permanent
until it is ordered sealed or expunged by a judge. If your case was dismissed or you were found not guilty, your
criminal history will show that you were arrested and charged with a crime. Expunction will remove the criminal
history from your record.
Q. How long does it take?
A. The process usually takes a few months from start to finish. The effect of a properly expunged record is
worth the time and effort.
Q. What is the end result?
A. Following entry of an expunction order, the release, dissemination, or use of the expunged records and files
for any purpose is prohibited. You can legally deny that the arrest ever occurred. But, if you are questioned under
oath in a criminal proceeding about an arrest for which the records have been expunged, you are permitted to state only
that the matter in question was expunged.
Q. What if someone makes my expunction record public?
A. A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the
records and files relating to that arrest, is guilty of an offense if he knowingly releases or uses the records or
files. And, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered
expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor.
Q. What happens if I do not qualify for expunction?
A. Even if you may not be eligible for an Expunction, if you have received or obtained a dismissal by having
successfully completed a
Deferred Adjudication, you may still be able to seal seal your records by order of nondisclosure.
An order of non disclosure will seal your criminal record. This order prevents certain law enforcement agencies from
disclosing any record associated with the arrest, prosecution and deferred probation sentence. You may then legally deny
the existence of your arrest, charge and sentence of Deferred Probation.
Benefits of Choosing The Gilbert G. Garcia Law Firm
||You will be represented by a lawyer with over 32
years of experience
||Committed to effective criminal defense and post-conviction work
||Personalized payments plans available and all major credit cards accepted
||If you lose your job while your case is pending, you owe nothing more!
||Fastest possible results
||We serve ALL of Texas
||We will write letters to potential employers explaining your case – At no additional charge!
The Gilbert G. Garcia Law Firm is the Right Choice!
||32 years of Legal Experience
||Certified by the Texas Board of Legal Specialization in Criminal Law for 20 years
||Protect your Rights and make sure you are treated Fairly
||Serving the citizens of Texas from the same location since 1983
Free initial consultations and reasonable fees. Personal
payment plans available and most major credit cards accepted. Many
issues are able to be handled via e-mail, phone calls and fax and after
hours and weekend appointments are available upon request to meet the
needs of each client.
To determine if you qualify to have your Criminal Record cleaned,