Frisco Expunction Lawyer

If you have a criminal record related to an arrest—even if the court dismissed your case or deferred adjudication—you may rightfully be worried about your future and your reputation. A background check may show that you were involved in a criminal matter, and potential employers or landlords may not understand that you were not convicted or that the government granted you a pardon.

Fortunately, the law may allow you to obtain an expunction, which is the name for an expungement in Texas. You could have your criminal mark removed, so that it no longer appears in court records, giving you peace of mind as you look for employment or housing. Schedule a time to speak with a Frisco expunction lawyer to learn more about the process and whether your case is eligible. Let an expunction attorney advocate for you.

Expunction Law in Frisco

The Texas Penal Code states the rules associated with the expunction of criminal records. An arrested person may have the right to an expunction in the following situations:

  • Their case was tried, and they were acquitted.
  • Their case was tried, and they were later granted a pardon.
  • They were arrested and released from jail and the charge never resulted in a final conviction, is no longer pending, and there was no court-ordered probation.
  • They were arrested but charges were never formally filed and the Statute of Limitations has run and prosection is no longer possible.

A person may not request that the government expunge their records in the following circumstances:

  • They were convicted of the offense they were arrested for.
  • They were placed on probation for any offense arising out of the arrest, even if the most serious offense(s) were dismissed.
  • They disappeared after an arrest and the case is still pending and there is an active warrant.

Accidental or Mistaken Arrest

A person may ask the court to delete the following information if the police arrested that person by accident or mistake:

  • Full name
  • Sex
  • Race
  • Date of birth
  • Driver’s license number
  • Social security number
  • Address at the time of the arrest
  • The offense they were arrested for
  • The date the offense charged was alleged to have been committed
  • Date of the arrest
  • Name of the county and city arrested in
  • The name of the agency that made the arrest
  • The cause number and court the case was filed in

Process of Expunction

Certain courts may expunge certain types of records. A justice court or municipal court may only delete records related to acts punishable by fines. For a charge that could lead to incarceration, the trial court which presided over the case must issue the order of expunction, pursuant to Texas Penal Code § 55.02. Either the defendant’s attorney or the state’s attorney may request the order.

If the government later pardons a convicted person, the court must issue an expunction order within 30 days of receiving notice. For more information, reach out to an expunction lawyer in Frisco.

Result of Order of Expunction

After a court issues an order of expunction, the clerk of court will send the order to the Crime Records Service of the Department of Public Safety and each government agency listed in the order. The related government bodies must either destroy or return information related to the person’s record.

Enlist the Services of a Frisco Expunction Attorney

If you or someone you loved is worried about an arrest record, you may require help to delete the relevant criminal history. Speak with an experienced Frisco expunction lawyer to learn more about the process and how to help preserve your future.

If the police wrongfully arrested you, that arrest and related charges should appear on background checks which could interfere with your reputation and future plans. See how an attorney can help you clear your record and get your life back on track. Contact the Wilder Law Firm today and let us help clear your record and get your life back on track.

Our Commitment
CORRESPONDENCE
Notification of all Court settings and updates in writing, as well as assistance preparing for your DWI court appearance.
THOROUGH INVESTIGATION
A full investigation will be conducted into all the facts of your case. Our goal is to develop the best possible defense for your case.
PHONE CALLS
All calls will be returned by a member of our firm by the end of the next business day. You will also have immediate call or text access with us.
TRIAL CONFERENCE
A trial conference will be conducted in our office to ensure that we can properly & effectively discuss the facts of your case.