Get to Know- Expungement Process in Texas

Everyone seeks an opportunity to be a better self. There are circumstances people wish they hadn’t got into and decisions they hadn’t made when they were younger. Criminal records follow a person like a shadow. The moment you think there can be something bright in their life, a criminal history overshadows their best achievements. Some of these charges at a point in time were deemed as a misdemeanor or a felony but fast forward to today; you wish you could get rid of these charges once and for all.

Thankfully, there is a law that allows for expunging records in Texas. To get rid of criminal records in Texas, one can use the expungement law to their benefit. Expungement can be applied to criminal records in Texas to be sealed, and it is out of reach for anyone to be doing a background check. It doesn’t involve higher federal authority. But it is hidden from police officers, landlords, universities and educational institutes, employers, etc.

Applying for an expungement in Texas

While applying for Expungement in Texas, there are a few things to bear in mind:

1. The waiting period

Expungement is a case to the case scenario.  

• Arrested but not charged, the waiting period is a minimum of 6 months.

• Minor MIsdemeanor convictions can apply immediately.

• Serious MIsdemeanor convictions need to wait for 2 years. 

• Felony conviction charges need to wait for 5 years.

Each arrest by the police is treated differently. However, some crimes cannot be expunged. These include crimes of endangerment, murders, sex offender, kidnapping with the use of weapons and firearms, etc.

2. The cost related to Expungement

The expunge cost is a derivative of the conviction. A misdemeanor crime expungement cost would be around $1,000, and a felony would be approximately $2,000. But depending on the severity of the case, the judge can decide the Expungement cost

3. Eligibility for a Texas Expunge

Under the following circumstances, the expungement can be awarded to a person:

1. The person was arrested, tried but was acquitted. The ruling was dismissed or expired, or squashed.

2. The person was arrested and released and there were no charges against the person.

3. The person has not been convicted of any felony or serious misdemeanor charges in the past 5 years.

If the person has been charged with other offenses, there is a limited possibility that there will be an expungement in any case.

4. It is a complicated process.

In a period of 30 days, an expungement hearing is set once the application is put forth for expungement. The responsible person must be present on the correct day in the court to hear the petition. The final decision ultimately takes a  maximum of six months to be finalized. In any case, a person doesn’t qualify for the expungement; they can always apply the ‘order of nondisclosure’ with the court. It will seal the criminal record from the public and only visible to a select few authorities.

Hiring an Expungement Lawyer