Do you understand what expunction is?

Posted By Tim Powers || 11-Oct-2012

What is an Expunction?

An Expunction order virtually wipes clean the records of the arrest, booking and court proceedings from the local, state, and federal records. After the entry of an expunction order, the release, dissemination, or use of the expunged records and files for any purpose is prohibited by law.

Why Have an Arrest Expunged?

A clean criminal record is something no one should take for granted. For example may employers ask on job applications "Have you ever been arrested?" If you have been arrested and are eligible for an expunction but don’t avail yourself of that opportunity, the truthful answer to that question is YES.

However, if you have an arrest expunged, you can answer that question NO, and if a someone attempts to verify the information on your application (more and more employers complete background checks) they will not have access to the information.

What is Eligible for Expunction?

What is eligible for an expunction? Many Class "C" misdemeanors, even if there was a plea of guilty of nolo contendere (no contest) if the Defendant received a deferred adjudication.

A felony or a misdemeanor if:

  1. The person is tried for the offense for which the person was arrested and is:

    1. Acquitted by the trial court; OR

    2. convicted and subsequently pardoned; OR

  2. Each of the following conditions exist:

    1. An indictment or information charging an offense has not been presented for an offense arising out of the transaction for which he was arrested or, if a case has been dismissed and the court finds certain factors are present.

    2. The Defendant has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered probation under Article 42.12, Code of Criminal Procedure, nor a conditional discharge under Section 481.109, Health and Safety Code; AND

    3. The Defendant has not been convicted of a felony in the five years preceding the date of the arrest.

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