Criminal Record Expungement and Record Clearing in Texas: A Comprehensive Guide

In Texas, individuals with criminal records often seek expungement or record clearing to improve their opportunities for employment, housing, and other aspects of life affected by a criminal history. Both expungement and record clearing offer ways to mitigate the impact of a criminal record, but they differ in scope and eligibility. This article provides a detailed overview of the processes and requirements for expungement and record clearing in Texas.

Understanding Expungement and Record Clearing

Expungement is a legal process that removes a criminal record from public access, essentially erasing the record as if the arrest or conviction never occurred. Once expunged, the individual can legally deny the existence of the record in most circumstances.

Record Clearing, also known as Order of Non-Disclosure, is a process that restricts public access to criminal records but does not entirely remove them. Instead, the record remains accessible to certain entities, such as law enforcement, but is hidden from most background checks and public searches.

Expungement in Texas

Eligibility for Expungement

Not all criminal records can be expunged. In Texas, expungement eligibility generally depends on the following criteria:

1. Arrest Without Conviction: If an individual was arrested but not convicted, they may be eligible for expungement. This includes cases where charges were dropped, dismissed, or where the individual was found not guilty.
2. Certain Convictions: Expungement may be possible for certain convictions under specific conditions. For example, individuals convicted of certain offenses, such as some misdemeanor offenses, may be eligible for expungement if they have successfully completed their sentence and any probation or parole.
3. No Subsequent Convictions: Typically, an individual must not have any other criminal convictions since the arrest or conviction they seek to expunge.
4. Waiting Periods: In some cases, a waiting period is required before an expungement can be filed. For instance, a waiting period of 30 days may apply for certain misdemeanor offenses, while waiting periods for felony offenses can be longer. Waiting periods depend on the severity of the offense, whether it was a misdemeanor or felony, and if the statute of limitations has expired. Due to their complexity, it’s important to consult an attorney to navigate the legal options.

The Expungement Process

1. Eligibility Determination: The first step is to determine if the record qualifies for expungement. This involves reviewing the case details and consulting with an attorney if needed.
2. Filing a Petition: If eligible, the individual must file a petition for expungement with the court that handled the original case. This petition includes information about the criminal record and the grounds for expungement.
3. Court Hearing: The court will review the petition and may hold a hearing to consider objections from law enforcement or other parties. If the court approves the petition, an expungement order is issued.
4. Notification: Once the expungement order is granted, the individual must notify various agencies and organizations to update their records, ensuring the expungement is fully implemented.

Record Clearing (Order of Non-Disclosure) in Texas

Eligibility for Record Clearing

Record clearing is available under Texas law for certain individuals who meet the following criteria:

1. Completed Sentence: The individual must have completed their sentence, including any probation or parole, and met all conditions of their sentence.
2. Non-Disqualifying Convictions: Certain offenses, such as sexual offenses or offenses involving children, are generally ineligible for non-disclosure. However, many other offenses, particularly those classified as misdemeanors or certain felonies, may qualify.
3. No Subsequent Convictions: The individual must not have any additional convictions since completing their sentence.
4. Waiting Periods: Waiting periods vary based on the degree of the offense, whether there was a misdemeanor or felony charge and whether the statute of limitations has passed. These waiting periods are complex and require an attorney to help sort out the legal options on it. 

The Record Clearing Process

1. Eligibility Determination: Determine eligibility for a record clearing by reviewing the case details and consulting with a legal professional if necessary.
2. Filing a Petition: File a petition for an Order of Nondisclosure with the court that handled the original case. The petition must include information about the conviction and compliance with all sentence requirements.
3. Court Review: The court will review the petition, and a hearing may be conducted to assess any objections. If the court grants the petition, an Order of Non-Disclosure is issued.
4. Record Sealing: Once granted, the order restricts public access to the record. Certain entities, such as law enforcement and certain employers, may still access the record under specific circumstances.

Criminal record expungement and record clearing provide important opportunities for individuals seeking to move past a criminal history and improve their quality of life. Expungement offers the possibility of complete removal of a record, while record clearing provides restricted access to records. Understanding the eligibility requirements and processes for each can help individuals make informed decisions about their legal options. Consulting with a knowledgeable attorney is often beneficial to navigate these processes effectively and ensure the best possible outcome.

For more information or for assistance with expungement of a criminal record, call The Barrera Law Firm at 956-428-2822 or contact us online.