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Expunctions
Criminal records can cast a long shadow over your life, affecting job opportunities, housing, and personal relationships. Calderon Legal Group understands the impact a permanent record can have on your life after an arrest, charge, or conviction. Our Houston-based expungement attorneys are here to guide you through the process of record expungement or sealing, offering you a chance for a fresh start in Houston, Texas.
Why Choose Our Houston Record-Sealing Lawyers?
Extensive Experience: Our Houston non-disclosure attorneys have a wealth of experience in handling expungement and record sealing cases across criminal and juvenile law.
Personalized Attention: Lead attorney William Calderon ensures one-on-one attention to clients, tailoring his legal approach to each unique case.
What Is Record Expungement?
Record expungement and sealing are avenues to prevent public access to or viewing of your criminal record in Texas. After expungement (referred to as expunction in Texas) or sealing, employers, landlords, schools, and other entities will be unable to see a history of criminal convictions in most circumstances. You are not obligated to disclose your criminal history after the courts expunge or seal your record.
Record expungement involves the complete removal or erasure of your criminal record. It is a legal process in which the courts destroy a defendant’s criminal record, making it as if the conviction never occurred. Expungement removes both criminal and public records, presenting a clean slate on background checks. Certain parties, such as law enforcement, may still have access to the expunged record.
What Is Record Sealing?
Record sealing, also known as an order of non-disclosure, is similar to expungement in Texas but allows certain parties to access the sealed information more easily. Record sealing hides your criminal convictions from the public, including employers and private investigators, while remaining visible within the criminal justice system. If you face another arrest in the future, a sealed conviction will still appear as a prior offense.
It’s important to note that expungement and record sealing do not erase your criminal history entirely. Only a pardon has that power. Certain parties, including law enforcement and the criminal courts, will retain access to your history of criminal convictions. For instance, during an immigration case, the courts may still access your expunged criminal record as proof of a prior conviction. Not everyone is eligible for expungement and record sealing, and a Houston non-disclosure lawyer can guide you through the eligibility process.
Who Is Eligible for Expungement and Record Sealing in Texas?
Eligibility for record expungement and sealing varies based on individual circumstances. Contacting a criminal defense lawyer in Houston is the easiest way to determine eligibility. Calderon Legal Group offers consultations to discuss your options for clearing or protecting your record. Texas’ eligibility requirements for criminal record expungement include situations where:
- The police arrested you, but prosecutors never issued a criminal charge.
- A judge or jury in Texas found you not guilty of the alleged crime.
- The courts dismissed the case against you due to an expired statute of limitations.
- A grand jury found inadequate grounds for prosecution (no-billed your indictment).
- A judge or jury convicted you but later found you innocent.
- Someone misrepresented him/herself as you upon arrest (identity theft).
- You pled guilty to a Class C misdemeanor alcohol crime in Texas.
- You followed through with deferred adjudication for a Class C misdemeanor crime.
- The courts acquitted or pardoned you.
How to Qualify for Expunction in Houston:
If you qualify for record expunction in Texas, you must complete the mandatory waiting period before applying. The waiting period depends on the crimes on your record:
- At least 180 days after arrest for a Class C misdemeanor.
- At least one year for a Class A or B misdemeanor.
- Three years from the date of arrest to expunge a felony.
Qualifying for record sealing in Texas may involve pleading no contest or guilty to a crime and completing deferred adjudication. If the judge deferred proceedings, placed you under court supervision, and you fulfilled the terms, the courts may dismiss the proceedings and agree to seal your record. Most misdemeanor crimes in Texas may qualify for record sealing, and if you only had to pay a fine, you do not have to wait to apply. Otherwise, you must complete your sentence and wait two years to apply.
Juvenile Record Sealing and Expungement:
In Texas, a defendant’s record is not automatically sealed after turning 18. To qualify for expunction or sealing, the defendant must have been between the ages of 10 and 17 at the time of arrest or charge. Upon turning 21, the defendant generally qualifies for record sealing, with some exceptions. The courts will not expunge or seal records for sex offenses or aggravated felonies. Consult with our attorneys in a free consultation to determine eligibility for a Texas expungement or record sealing.
Houston Expungement FAQs:
Will Expunged Records Still Show Up In Background Checks?
Once a record is expunged, it is generally removed from public databases and should not appear in most standard background checks. However, some law enforcement and government agencies might still have access to sealed or expunged records for certain purposes.
How Will Expungement Affect My Employment Prospects?
Expungement can significantly improve your chances of gaining employment, as the records will not appear in standard background checks. However, some employers in sensitive fields might still have access to sealed records.
The expungement process can be complex and varies based on individual circumstances and the legal landscape. Consult with a legal professional knowledgeable about Houston’s specific laws and procedures to navigate this process successfully.
