Once exonerated of a criminal offense, you likely will be able to expunge, or clear, your criminal record. If the court agrees to expunge your records, it will order state agencies to destroy all files, arrest records and records of the prosecution. The court also will order law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. After an expunction, you may legally deny that you were ever arrested for or charged with a criminal offense.
Dismissed Case
If your case was dismissed by the court or was "no billed" by the grand jury (the grand jury refused to indict you), find out the statute of limitations for the offense. It usually begins on the date of the offense, and records may be expunged when the statute of limitations expires. The statute of limitations for a misdemeanor in Texas is two years.
For felony offenses "no billed" by a grand jury, the same rule applies: When the statute of limitations expires, the felony case may be expunged. The statute of limitations for felonies depends on the offense.
Not Guilty
Any defendant found not guilty of a criminal offense in Texas may have the case expunged. This process will not happen automatically. It is best to consult with a lawyer.
Class C Deferred Adjudications
Any person receiving a deferred adjudication for a class C offense or a misdemeanor reduced to class C deferred adjudication may be eligible for an expunction. In most cases, a class C deferred-adjudication probation is better than a dismissal.
Obtaining a Expunction
The expunction process starts with filing a motion and petition with the district court in the county of jurisdiction. At the hearing, the court will determine whether to grant your request.
Contact the Texas criminal defense lawyers at Clancy & Clancy in Dallas. They will use their experience and knowledge to seal your criminal record.
We represent clients throughout Texas, including cities in Collin, Dallas, Denton, Ellis, Kaufman, Parker, Rockwall and Tarrant counties.
Contact Us — Today — 214-740-9955