Austin, Texas Expunction Lawyer

Criminal history and background checks have become a common part of life in the age of technology.  A criminal history or background check is often run when you apply for a job, college, graduate school, student loans, a mortgage, or even when trying to rent an apartment.  Depending on the results of the criminal history or background check, both your professional and personal life could be affected.

Many people are surprised to find out that although their criminal case was “dropped,” dismissed, or disposed of via deferred adjudication, evidence and records of their criminal arrest remain public information.  Unfortunately, even though you may not have been convicted of the criminal offense, the records of your arrest and that fact that you were charged are still available for public view. 

Shocked?  Unfair? The good news is that under Texas law, you may be eligible for an expunction (completely erasing your arrest) or for an order for non-disclosure(sealing of your record).  Austin criminal defense lawyer Kevin Bennett can help you through the legal process of obtaining an expunction or order for non-disclosure.

What is an Expunction?

“Expungement” is the legal process where an individual petitions the Court to order all criminal records relating to a Texas arrest be erased.  If your expunction petition is granted, a Court is essentially ordering that all records of your arrest be “expunged,” destroyed or erased.  Furthermore, you may legally deny the existence of the arrest and the existence of the expunction order itself.  However, there is an exception: if you are questioned in a criminal proceeding, you may not deny the arrest, but you may say that the matter in question has been expunged.

Eligibility for Expungement

Under Texas state law you may be eligible for an expunction under the following circumstances:

• If you have been arrested, but not charged
• If you have been found “not guilty”
• If you have had your criminal case dismissed
• You were convicted at the trial level but then acquitted by the Texas Court of Criminal Appeals
• If you have had your case dismissed after serving deferred adjudication probation for a class C misdemeanor
• Another person was arrested under your name
• You received a pardon from the Governor of Texas or the President of the United States
• Misdemeanor or felony charge where you were acquitted or found “not guilty” by a judge or jury
• Even if you obtained a final conviction for one charge, other aspects, such as your arrest record, of your criminal record may be expunged when the conviction involves a lesser offense

Not eligible for Expunction?

If you were found guilty of certain offenses, received and completed deferred adjudication probation, the law now allows you to prevent the disclosure of your criminal records to third parties (although licensing agencies and private entities responsible for safety and security will still have access to this information) and you may even deny that you were ever arrested.

Can I get an Expunction?

To discuss your eligibility for a criminal records expunction or for an order of nondisclosure, contact Austin expunction lawyer Kevin Bennett for a free confidential consultation and case evaluation by calling (512) 476-4626 or by email.