Houston Criminal Record Expungement Lawyer

If you were arrested for a crime and the charges were either dismissed or you were found not guilty, those charges can still show on your record. Regardless of the outcome, arrest records are public records, and potential employers, landlords, significant others, and anyone looking for information about you can access them. It’s crucial that you clear your record of criminal offenses so you can get on with your life with a clean record. At Blass Law, we are committed to protecting your rights and your name. A Houston criminal defense lawyer on our team can review methods to clean up your record depending on the outcome of your arrest and ultimately work toward expunging the arrest.

A Houston Criminal Records Expungement Attorney on Our Team Can Help You

Navigating the criminal justice system can seem like a giant maze. The expungement process can seem especially intimidating. Don’t try to understand these complex laws when you should focus on your personal and professional life. Instead, have our Houston record expunction lawyers complete these tasks for you. Our Houston criminal defense lawyers can work to help expunge a charge from your record by:

• Determining which statute of limitations applies to your case;
• Advising you on your legal options and implications;
• Filing the petition for expunction in court;
• Serving all of the involved agencies;
• Representing you in court proceedings.

If you ever have questions regarding the expunctions process, don’t hesitate to reach out to your Houston criminal record expungement lawyer.

Our Track Record Speaks to Our Commitment to Our Clients

Our firm has been serving Houston for years, and we work to get each of our clients justice. Some examples are as follows.

• A client was charged with criminal trespass after bringing a gun to school. These charges were dismissed.
• After being charged with a DWI and driving more than 20 miles over the speed limit, we were able to get the client’s case dismissed.
• Law enforcement stopped our client in their car after they saw them break into another vehicle and steal valuables. Under our representation, the case was dismissed.

As you can see, all of these charges were dismissed, so our clients were eligible for expunction. We want to hear your story to help expunge your charges from your record. 

An Overview of Criminal Record Expunction in Houston

Before we get started on your case, here are some key questions you might have. The answers will give you a better idea of how a criminal record expungement attorney in Houston can have your record cleared.

Why Should I Have My Record Expunged?

Having a criminal record can impede all areas of someone’s life. To name a few examples, they could have trouble:

• Getting loans from the bank
• Being accepted into the school of your choice
• Securing job opportunities
• Purchasing a vehicle
• Renting or buying property
• Participating in certain events, particularly those involving children

Don’t let past criminal charges keep you from living the life you want.

Am I Eligible for a Criminal Record Expunction?

There are a few situations in which you qualify for expunction. They include:

• You were arrested but never charged with a crime.
• The charges you faced were dismissed.
• You received a “not guilty” verdict when you went to trial.
• The Governor of Texas or the President of the United States pardoned you.
• Someone stole your identity.

 If you completed probation, deferred adjudication probation, or even if you have a conviction, you could be eligible for a nondisclosure. A nondisclosure will seal your arrest and charges from everyone except the government. Private companies or entities will not know about your arrest or the charges.

What if I was Charged with a Crime, but the Charges Were Dropped, or I Wasn’t Convicted?

If you faced a misdemeanor or felony charge and the case was dismissed, this arrest and charge still appear on a background check. Even if you were found not guilty, numerous agencies have records of the arrest because the charges aren’t simply erased from your criminal record. It will always show up on a background check until it is expunged. You can file a lawsuit to sue all agencies that have records relating to your arrest and force them to destroy these records. The sooner you contact a Houston record expunction lawyer to start the process, the sooner you will be enjoying the benefits of a spotless record.

What Disqualifies Me From a Criminal Record Expungement in Texas?

In Texas, certain crimes disqualify an individual from being eligible for an expungement. These include:

1. Felony Convictions: Generally, felony convictions are not eligible for expungement.
2. Deferred Adjudication for Felonies: If you were placed on deferred adjudication for a felony offense, you are not eligible for expungement. However, some misdemeanor offenses under deferred adjudication may be eligible for an order of nondisclosure.
3. Certain Misdemeanor Convictions:
   • Sexual Offenses: Crimes such as sexual assault or indecency with a child.
   • Family Violence: Offenses involving family violence.
   • Child Endangerment: Offenses related to child endangerment or injury to a child.
   • Murder: Homicide or attempted homicide offenses.
4. Pending Charges: If you have any pending criminal charges, you may not be eligible for expungement until those charges are resolved.
5. Multiple Convictions: Multiple convictions, even for minor offenses, can disqualify you from expungement.
6. Certain Traffic Offenses: Convictions for serious traffic offenses, including driving while intoxicated (DWI) and hit-and-run, typically cannot be expunged.

Additionally, there are specific conditions under which even otherwise eligible offenses might be disqualified for expungement. It’s important to consult with a legal professional to understand the nuances of your particular case and determine eligibility. If you don’t qualify to have a crime expunged from your record, don’t lose hope – we might have other options. As such, if you file a nondisclosure petition with the court, they might allow your record to be permanently sealed. Once that happens, you can legally deny any criminal allegations brought against you.

Can I Qualify If I Plead Guilty or No Contest?

If you are convicted of the crime, you aren’t eligible for an expunction, but you could be eligible for a nondisclosure and have your record sealed. If the charge is your first offense, you may be entitled to have your record sealed after two years. The circumstances of the case and your prior convictions and charges have a bearing on your eligibility.

How Far Back Can My Record Be Expunged?

There is no limit on what you can get expunged. It’s never too late to clean up your record. It’s even possible to clean up someone’s record if they have passed away. The statute of limitations varies, but we have successfully gotten immediate expunctions for many of our clients. The faster you initiate the expunction process, the better, as you do not want criminal charges on your record any longer than necessary.

How Long Do I Have to Wait Before I Can Get My Record Expunged?

That depends on the statute of limitations for the offense. Most misdemeanors have a one- to two-year waiting period, and most felonies have a three- to five-year waiting period. In some cases, the district attorney can agree to an early expunction. In any case, it will be worth the wait. Once the process is complete, public agencies cannot access these records.

Is It Expensive to Get My Criminal Record Expunged?

The seriousness and how long it’s been since said crime can influence the cost of getting it expunged from your record. However, don’t let the price discourage you from taking action. Making this investment will significantly help your personal and professional opportunities in the future.

Sealing a Record: Orders of Nondisclosure

An expunction destroys a record. An order of nondisclosure seals it. Sealing is the more realistic option for most people who were actually convicted or who completed deferred adjudication, and it does most of what people want: the record stops showing up on ordinary employment, housing and licensing background checks. Law enforcement, the courts and a defined list of state agencies can still see it.

Who cannot get a nondisclosure at all

Texas permanently bars sealing for anyone who has ever been convicted of, or placed on deferred adjudication for, any of the following, whether or not it is the case you want sealed:

• Murder or capital murder
• Trafficking or continuous trafficking of persons
• Any offense requiring registration as a sex offender
• Aggravated kidnapping
• Injury to a child, an elderly individual or a disabled individual
• Abandoning or endangering a child
• Violation of a protective order or of a bond condition in a family violence, sexual assault, stalking or trafficking case
• Stalking
• Any other offense involving family violence, or any case carrying an affirmative finding of family violence

That last one catches people by surprise. An affirmative finding of family violence can attach to a charge that does not sound like family violence at all, and it is worth checking the judgment rather than going from memory.

How long you have to wait

The waiting period depends on how the case ended and what the offense was.

After deferred adjudication. For a first-time, non-violent misdemeanor the court seals the record at dismissal without a petition or a hearing, though you have to show you qualify and pay a $28 clerk fee. For other misdemeanors you can file as soon as the case is discharged, unless the offense falls under Penal Code chapters 20, 21, 22, 25, 42, 43 or 46, in which case the wait is two years. For a felony the wait is five years.

After a misdemeanor conviction. If you completed community supervision, you can file on completion, with the same two-year rule for those chapters. If you served the sentence with no community supervision, the wait is two years, or none at all if the offense was fine-only.

DWI is its own world. A DWI resolved by deferred adjudication carries a two-year wait from discharge. A DWI conviction with community supervision is two years if you complied with an ignition interlock condition for at least six months, and five years if you did not. A DWI conviction served without community supervision is three years with that same interlock condition, five without. Every DWI sealing provision also requires that you have never been convicted of or placed on deferred adjudication for anything else, other than fine-only traffic offenses, and a tested alcohol concentration of 0.15 or higher takes DWI sealing off the table entirely.

Across all of these, you have to stay clean. Picking up a new conviction or deferred adjudication during the waiting period generally defeats the petition.

The short version

The rules are detailed, they changed as recently as the last legislative session, and the difference between five months and six months of interlock is three years of waiting. Rather than guess, run your situation through our free eligibility tool or call and we will tell you where you stand.

Call a Houston Criminal Record Expungement Lawyer Today

If you want to clean up your criminal record, our Houston criminal record expungement lawyer is ready to help. Call us today for your confidential initial consultation.

Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.