What is Expungement and Why is it Important? 
Expungement is the legal process by which a criminal record is erased, making it as though the offense never occurred. The purpose of expungement is to provide individuals a fresh start by allowing them to move forward without the stigma or legal consequences associated with a criminal charge. It’s especially important in cases like domestic violence charges because such a record can severely limit a person’s opportunities in life, affecting things like job prospects, professional licenses, and housing applications.
However, not all charges can be expunged, and the process isn’t available to everyone. For those who have been arrested for domestic violence but were never convicted, expungement may be a viable option. Understanding whether you qualify for expungement is a crucial first step in the process.
PROTECTING YOUR RIGHTS AND FUTURE
Criminal Defense Attorney
Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Can Domestic Violence Charges Be Expunged in Texas?
In Texas, domestic violence charges may be eligible for expungement, but the process can be complicated. There are specific criteria that must be met in order to qualify for expungement. The eligibility largely depends on the outcome of the case and the type of charge you face. First, it’s essential to understand the difference between a charge being dismissed and a conviction. If you were found guilty of domestic violence, expungement is generally not an option. Expungement is typically reserved for cases where the charge was dismissed, the defendant was acquitted, or the case ended in deferred adjudication. Each of these scenarios has its own eligibility requirements, and understanding these differences will determine whether or not you can seek expungement.Expungement for Dismissed Charges or Acquittals
If the charge against you was dismissed, you may be eligible for expungement. A dismissal means that the court decided not to pursue the case further, and no conviction was ever made. In this scenario, you may file for expungement as soon as the case is dismissed. If you were acquitted (found not guilty) after a trial, you are also eligible to seek expungement of your domestic violence charge.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.”
- Forrest Davis
I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."
- Steve Ak
My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."
- Rudy Castanon
Expungement After Deferred Adjudication
Deferred adjudication is a type of probation offered in some Texas criminal cases. In a deferred adjudication, the defendant pleads guilty or no contest to the charges but is placed on probation. If the defendant successfully completes probation, the court may dismiss the charges, and the defendant avoids a conviction. In some cases, those who successfully complete deferred adjudication may be eligible for expungement. However, there is a waiting period before you can apply for expungement, typically one year after completing the terms of probation. This option is not available for everyone. Individuals who were placed on deferred adjudication for domestic violence charges may need to meet additional requirements to qualify for expungement. Your criminal defense attorney can help assess your eligibility and guide you through the process.The Eligibility Criteria for Expungement
While the specific circumstances of each case vary, there are certain general criteria that must be met for a person to be eligible for expungement in Texas. To qualify for expungement, you must meet the following:- No Conviction: You cannot have been convicted of the charge in question. If you were convicted, you will not be eligible for expungement.
- Dismissal or Acquittal: The charge must have been dismissed, or you must have been acquitted after trial.
- Successful Completion of Deferred Adjudication: If you were placed on deferred adjudication, you must have successfully completed the terms of your probation and had the case dismissed.
- Waiting Period: For some cases, a waiting period is required before you can file for expungement. This period is usually one year after the dismissal or after completion of deferred adjudication.