What is an Expunction?
Under certain circumstances, you may be eligible to ask the court to strike, seal and destroy all records pertaining to a particular arrest. This is what is known as an expunction. Expunctions and expungements are the same thing – Texas changed the verbiage in its code to expunction in 2021.
Expunctions require the arresting department, and any associated agencies, to remove any records that may indicate your prior arrest. In many ways, this is the same as making it as if the arrest never happened.
Qualifying for an expunction can be tricky, but the completion of a pre-trial diversion program is often a good indicator that you may be eligible.
Austin Expunction Lawyer
If you’ve been arrested, then any member of the public can see that you were arrested and what for. This includes future and current employers and landlords, banks and anyone else that looks up your criminal record. To remove your records, you need an expunction.
The Law Office of Kevin Bennett offers its services to those looking for help receiving expunctions after pre-trial diversion programs. Knowing which agencies to place on the form and which forms to file can be tricky – so let the Law Office of Kevin Bennett help. We’ll take care of the paperwork so you can put your arrest behind you.
The Law Office of Kevin Bennett provides quality legal representation to individuals facing DWI charges in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway and the surrounding areas.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
- Who Qualifies for an Expunction?
- What is a Pretrial Diversion Program?
- What Happens After a Pretrial Diversion Program?
- Additional Resources
- Hire a PDP Expunction Lawyer in Austin, Texas
Who Qualifies for an Expunction?
Chapter 55 of the Texas Code of Criminal Procedure outlines the conditions under which someone may be eligible for expunction:
- Your charges were dismissed after completing a pretrial diversion program
- There was a mistake in or a voided charging instrument
- You were pardoned after a conviction
- You were acquitted in a jury trial or bench trial
- Your conviction was overturned (you were acquitted) by a Texas Appellate Court
- Your name was falsely used
- No charges were filed within the statutory time period
- The State Attorney recommended an expunction
- The statute of limitations for your charges expired, and you had no final conviction
- You received an Unlawful Carry of a Weapon (UCW) Conviction before September 1, 2021
What is a Pretrial Diversion Program?
A pretrial diversion program is an opportunity to avoid appearing in court by agreeing to certain terms. These terms typically include rehabilitation agreements such as community service, probation and education. In cases where you have been arrested for a DUI/DWI, these agreements may also include the wearing of a portable alcohol monitor or an ignition interlock device.
PDPs offer more latitude for those who take it. Effectively a form of probation, PDPs allow those who take them to live a relatively normal life rather than facing potential jail time. This means that you can keep your job, be active in your community and most important, stay out of jail.
However, pretrial diversion programs aren’t for everyone. They can be costly – up to $1,200 with alcohol monitoring devices. In addition, some people may find the requirements of a PDP too restrictive or that they are unable to keep them.
Expunctions After a PDP
Once you have completed your PDP, then you will be eligible to request an expunction for your arrest. However, depending on the crime and level of charges, you may have to wait a certain period of time before you can receive your expunction.
The following table is a schedule for determining expunction dates.
| Class C Misdemeanor | 6 months after arrest date |
| Class B & A Misdemeanor | 1 year after arrest date |
| Felony | 3 years after arrest date |
Once you’ve completed your PDP, you or your lawyer will need to fill out the appropriate expunction paperwork and present it to the court.
You will have to go to court for the actual expunction hearing. At the hearing, agency representatives will have the opportunity to argue that the records should not be destroyed or should instead be sealed. This is usually due to an ongoing investigation that uses those records.
Once the hearing is completed, the court will make a decision. If favorable, then the agencies will have a set amount of time (usually 6 months) to destroy or redact all records associated with your arrest.
If you receive an expunction, you will legally be able to say that you have never been arrested (so long as that is the only thing you have been arrested for).
Additional Resources
Texas Young Lawyers Association – This brochure published by the Texas Young Lawyers Association offers an in-depth overview of expunctions and record sealing in Texas, and includes some of the finer details that may not have been touched on in this article.
Texas Law Help – Texas Law Help offers additional information on the Expunction process. This link includes the Texas code and a list of crimes which cannot be expunged.
Hire a PDP Expunction Lawyer in Austin, Texas
The Law Office of Kevin Bennett provides quality legal representation to individuals facing DWI charges in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway and the surrounding areas.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
