The Texas legal system understands and recognizes that no one is perfect
and allows for criminal records to be expunged, in certain situations.
Expunging or clearing your record, allows for mistakes and lapses in judgment
to be forgiven. However, filing for an expungement without the help of
an attorney can have serious consequences. A small error can keep you
from the expunction that you so desperately want. Before petitioning for
expungement, contact an experienced attorney as soon as possible.
Records Eligible for Expunction
An arrest for a crime that wasn’t charged
A criminal charge that was dismissed
Certain misdemeanor juvenile charges
Alcohol charges that involve a minor
Arrest, conviction or charge that occurred due to identity
Conviction of a crime that was acquitted
Conviction of a crime that was pardoned
Now that you know what charges can be expunged, how does the petition process work?
The Petition Process
The first step in gaining an expunction of a criminal record, is to file
a Petition of Expunction with the District Court requesting that they
grant an Order For Expunction. Making any errors in putting together a
Petition of Expunction may be extremely harmful to your case. In this
step, the help of an attorney is crucial to the success of gaining an
expunction. This petition needs to include : the personal information
of the individual charged, the offense charged, when the arrest occurred,
when the alleged offense occurred, and the name of the arresting agency.
If the offense was charged you also need to obtain and include the cause
number, the name of the Court and how the charge was resolved. After this
petition is completed and all information is provided, the petition must
then be notarized and include a blank Notice of Hearing, so that the Court
can set a hearing for your case.
The Court will then schedule a hearing and send out a Notice of Hearing
to all involved parties. The hearing will then be held and the party in
question can contest the expunction.
If the request for expunction is granted, the individual who petitioned
in the first place, must then provide an Order of Expunction to the Court.
This step also often requires the help of an attorney. Most Courts expect
for the individual at the hearing to have an Order already drafted prior
to the hearing, and expect the individual to bring it to the hearing.
The Court will review the Order, and alert the individual if any changes
need to be made. If the Court does not change anything on the Order, they
sign the Order and send a copy of the signed Order to any agency or party
with the record that is being expunged.
If you have any remaining questions about how an expungement in Texas goes,
or about any other
criminal defense or personal injuries cases, contact
the Kyle Law Firm today! The Kyle Law Firm is an experienced
personal injury and
criminal defense firm located in the
New Braunfels area. The office can be reached at the local number of 830-433-5954 or
the toll-free number of 877-316-1373.