Sealed Records: Expunctions of Criminal Records in Texas
Many people have the misconception that if they are found “not guilty” or their case is dismissed, the records no longer exist. Unfortunately, that is NOT TRUE.
Records relating to an arrest or even a criminal charge are created at the time of arrest and forwarded to the Texas Department of Public Safety. They in turn maintain a database called "TCIC." TCIC tracks arrests and dispositions of cases that follow an arrest and reports this information to the national criminal information system called "NCIC."
In addition to TCIC and NCIC, many county and district clerks offices maintain local computerized databases which contain records of arrests and case dispositions. Because of the Texas Open Records Act, arrest records can also be obtained by the public for private use, such as an employment background investigation; apartment leasing; etc. This means future employers, landlords and so on can discover prior criminal conduct by simply searching for your name at the court house or municipal court or via new businesses like Publicdata.com.
Obviously, you do not want future or current employers, landlords, etc. to find out about your past legal problems. Why? Because when the average employer or landlord discovers an applicant has been arrested, he hires someone else regardless of whether the charges were dropped shortly after the arrest. In their mind, you have a criminal history and they want no association with that.
That is why the EXPUNCTION advantage is a MUST if you are eligible…. Once an expunction is granted, your criminal record, including finger prints, booking-photo, arrest report, and DPS records, is erased so IT IS AS IF THE ARREST NEVER OCCURRED!!!
Who is eligible for an expunction?
Cases that resulted in dismissals, declines, or “not guilty” verdicts. Class “C” deferred dispositions from a municipal or Justice of the peace court are also expunction eligible. (The same is not true for class “C” misdemeanor deferred adjudications from a county or district court.)
How do I know if I am eligible?
If you think your criminal history contains past allegations that are suitable for expunction, call me. I will be happy to evaluate your case for an extremely nominal fee.
How long does this process take?
The expunction process usually takes about 3 – 12 months from start to finish, which means the system is not very responsive to individuals needing a quick fix or cleanup of their arrest record.
However, the effect of a properly completed expunction is well worth the wait.
Your Right to Expunction
The law attempts to address the four crucial aspects of expunction;
-
What types of records may be expunged;
-
The procedure for accomplishing expunction;
-
The effect of the expunction on the arrestee and law enforcement officers; and
-
The consequences of not complying with an expunction order.
A person who has been arrested for a criminal matter is entitled to have all records and files relating to the arrest expunged if:
-
An indictment charging him with the a felony has not been presented against him for the crime for which he was arrested, or
-
An indictment was presented and it has been dismissed because of an absence of probable cause at the time of the dismissal to believe the person committed the offense, or
-
The person arrested has been released, the charge has not resulted in a final conviction and is no longer pending, and there was no court ordered supervision, and
-
The person arrested has not been convicted of a felony in the five years preceding the date of the arrest.
Although deferred probations cannot usually be expunged, deferred class "C" offenses out of a justice of the peace or municipal court can be.
Procedure
An ex parte petition for expunction of arrest records and files is to be filed in a district court in the county in which the petitioner was arrested. The petition must include a list of all agencies of the state that the petitioner has reason to believe have records or files that are subject to expunction.
Notice of a hearing must be given to all agencies of the state that the petitioner has named in the petition. These agencies have a right to be represented by counsel and contest the expunction.
If the Court finds that the petitioner is entitled to expunction of his arrest records and files, the court enters an order so ordering. When the order of expunction is final, the clerk of the court must send a copy of it to the agencies named in the petition.
Upon receipt of the expunction order, each agency named therein is required;
-
To return all records and files that are subject to the order to the court or, if removal is impracticable, obliterate all portions of the record or file that identify the petitioner and notify the court of its action, and
-
Delete from its public records all index references to the records and files that are subject to the expunction order.
Following the issuance of an order of expunction, the court records concerning the expunction proceedings are not open for inspection by anyone except the petitioner. The clerk of the court issuing the order is required to obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection or the public.
Effect
Following entry of an expunction order, the release, dissemination, or use of the expunged records and files for any purpose is prohibited. The petitioner may deny the occurrence of the arrest and the existence of the expunction order.
However, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, the petitioner is permitted to state only that the matter in question has been expunged.
Violation of expunction order
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.
Further, 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.
"I was injured in an accident involving a truck. Attorney Sharita Blacknall and the staff at The Law Offices of Sharita Blacknall, were professional, thorough and diligent in pursuing a settlement and some justice for me and my family. Ms. Blacknall’s aggressiveness in handling my case resulted in a fantastic settlement!"
- Ms. Vickie Cooper
• Voted One Of Texas Rising Stars
• J. L. Turner Legal Assocation
• Rockwall Rotary Club International 2007 President Nominee
• J.L. Turner Legal Association Criminal Section Co-Chair 2007 and 2008.