3 Qualifications for an Expunction

by Ricardo Barrera

The law regarding expunctions in Texas is outlined in Chapter 55 of the Texas Code of Criminal Procedure.

Generally, one qualifies for an expunction if:

1. they have had their case dismissed; or
2. they were found “not guilty” at trial; or
3. they were arrested, but the statute of limitations has passed on the offense they were arrested for.

In Cameron and Hidalgo Counties, the successful completion of a pre-trial diversion contract may result in a dismissal, in which the case may be expunged. Hidalgo and Cameron Counties may have language in the pre-trial diversion contract, stating that the record of arrest may be expunged with everyone except the district attorney’s office.

An expunction can be very useful in that a record of arrest and prosecution, may be viewed by potential employers, schools, licensing boards, banks, apartment complexes, and other organizations when doing a background check. The criminal event itself may prejudice the person from the full consideration they deserve. It is important that a competent attorney be consulted on whether one qualifies for an expunction and what one’s rights are regarding the clearing of the record of arrest and prosecution from background checks.

The Barrera Law Firm, PC is here to help you determine if you are a good candidate for a petition for expunction and if we accept your case, our firm will guide you and assist you through the entire process for a reasonable fee.

Call 956 428 2822 for a free consultation.



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