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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.
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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.
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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:
- The
person is tried for the offense for which the person was arrested
and is:
- Acquitted
by the trial court; OR
- convicted
and subsequently pardoned; OR
- Each
of the following conditions exist:
- 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.
- 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
- The
Defendant has not been convicted of a felony in the five years preceding
the date of the arrest.
The above information is not intended to disseminate legal advice
or include all situations or facts specific to your case. Certain factors
(including, but not limited to aggravating circumstances or prior criminal
record used for enhancement) may alter the punishment range for the
crime for which the defendant is actually charged. For further
information which applies your facts to the law contact our
office for a FREE CONSULTATION at 940.483.8000 or metro 972.724.4820.
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Criminal defense attorney Tim Powers graduated cum laude from
Tulane University School of Law in New Orleans. He is a former Assistant
District Attorney and Chief Misdemeanor Prosecutor, Powers was voted
1997 Denton County Prosecutor of the Year.
Tim has experience in over 5,000 DWI, drug, assault/family violence,
divorce and family law cases in North Texas. He recently served as
a Municipal Court Judge in Denton County. He is a member of the College
of the State Bar of Texas, the Texas Criminal Defense Lawyer's Association,
the National Association of Criminal Defense Lawyers and the Denton
County Bar Association.
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Tim Powers is an experienced legal analyst and commentator for
various media outlets including the Associated Press and has been
seen in national mediums including: USA Today, Newsday, ABC News
Online, MSNBC.com, The Dallas Morning News, Fort Worth Star Telegram,
and Denton Record-Chronicle, among others.
He frequently appears on FOX 4 News, NBC 5, CBS 11, and WB33. Tim
has extensive radio experience. He is a regular guest on shows across
the nation including America @ Night, The Jeff Katz Show, The Popoff
Report, The Flipside and many more. Locally, he serves as an analyst
for WBAP, KRLD, the Texas State Network, KLIF, News Talk 990, KLLI's
The Russ Martin Show and the Marty Griffin Show.
 Visit
the News Room
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Our office is located at:
1500 East McKinney Street
Suite 200
(next to the Denton County Courthouse)
Denton, Texas 76209
940.483.8000
972.724.4820 (Metro)
940.483.8300 (Fax)
Email: Info@TimPowers.com
Click here for directions to our office. 
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