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.
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:
A person may not request that the government expunge their records in the following circumstances:
A person may ask the court to delete the following information if the police arrested that person by accident or mistake:
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.
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.
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.