Richardson Expunction Lawyers

Records related to an arrest and criminal charges can follow a person long after their case is over. Even when charges are dropped or when a jury returns a not guilty verdict, the arrest record will often remain in police files, court databases, and other databases containing information about people's criminal histories. Employers, landlords, licensing boards, or others may see those records and draw the wrong conclusions. Many people are surprised to learn that being cleared of a crime does not automatically erase the evidence, and they may encounter difficulties in their lives related to criminal records.

Texas Defense Firm helps people in Richardson take back control of their records through expunction. This process can permanently destroy arrest and court files, preventing them from affecting a person in the future. Our attorneys will review a person's history, determine whether they qualify for expunction, and file the proper paperwork to ensure that criminal records will be cleared. We understand how frustrating it can be to deal with an old arrest or records related to a criminal case, and we work to ensure that our clients can put those issues behind them for good.

The Benefits of Clearing Your Criminal Record

Expunction is the most powerful record-clearing tool available in Texas. Once a final expunction order is entered, the records are not merely hidden. They are destroyed, and a person can act as if an arrest never happened. The benefits of expunction include:

Better Job and Housing Opportunities

Employers and apartment complexes may run background checks on applicants. An expunged arrest will no longer appear on those reports. This could mean the difference between an interview and a rejection letter.

The Legal Right to Deny That an Arrest Occurred

A person whose records have been expunged is allowed to deny that they were arrested or charged with the crime in question. They can generally act as if the offense that led to an arrest and criminal prosecution never happened.

Professional Licenses and Educational Opportunities

Nurses, teachers, real estate agents, and other licensed professionals are required to disclose certain types of arrests to licensing boards. Students who are applying to colleges or graduate programs may face similar questions about their criminal history. Clearing a criminal record can remove an obstacle that could affect a person's education or career.

When Expunction May Be Available

Whether a person is eligible for expunction will depend on how their case ended. Situations that may qualify for expunction include:

• Acquittal: A person who was found not guilty at trial or whose conviction was reversed is generally entitled to expunction.
• Pardon or Actual Innocence: A person who received a full pardon or was granted relief based on actual innocence may have their records cleared.
• No Charges Filed: If no charge was ever filed, a person may qualify for expunction of arrest records after a waiting period. This waiting period is usually 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony.
• Dismissed Charges: A person may qualify for expunction when the charges against them were dismissed, including when they completed a pretrial diversion program.
• Mistaken Identity: A person who was arrested because someone else used their name or identifying information may apply to have their arrest records cleared.

A final conviction for a Class A or B misdemeanor or a felony generally cannot be expunged, unless a person receives a pardon or is granted relief based on actual innocence. However, people who are not eligible for expunction may still qualify for an order of nondisclosure. This option may be available after a person successfully completes deferred adjudication and after certain misdemeanor convictions.

A nondisclosure order will seal criminal records from the public, preventing them from showing up in most background checks. Our team can explain whether expunction or nondisclosure may be available based on a person's criminal history.

How the Expunction Process Works

Our team will carefully review a person's criminal history. We can obtain records from the Texas Department of Public Safety, the arresting agency, and the courts to confirm exactly how a case ended.

We will prepare and file a petition for expunction in the appropriate district court. The petition will include specific details, such as the date of the arrest, the offense charged, and the arresting agency. We will make sure all agencies that may have records will be included in a petition, ensuring that all records will be expunged correctly.

After receiving the petition, the court will usually schedule a hearing. A district attorney's office may agree to the expunction, or it may file an objection. If there are challenges to a person's eligibility for expunction, our attorneys will present evidence and legal arguments during the hearing and argue that expunction should be granted.

After the court grants a petition for expunction, an order will be sent to every agency to return the records to the court or destroy them. We can take steps to confirm that the records have been removed.

Contact Our Richardson, Texas Expunction Attorneys

Expunction can remove an arrest from your history, allow you to legally deny it ever happened, and open doors to jobs, housing, and professional opportunities. At Texas Defense Firm, our attorneys can provide the legal help you need during this process so that you can clear your record and receive a fresh start. Contact our Richardson, TX criminal record expunction lawyers at 972-369-0577 to arrange a free consultation.