Sealing or Expunging Records in Texas Can Help Restore Your Reputation
When you have been convicted of a crime, there are worries that go along with having the crime on both your record and in the public. Your criminal record is later widely available to potential employers, to those who are able to grant you a professional license, and to landlords who may rent you an apartment or a house. If you were not aware of this fact, you might be shocked to know this information, but it is true.
Just having a felony or other crime on your record can affect you for the rest of your life, and can even hurt your personal reputation and prevent you from having a good relationship or marriage. However, even if you have a criminal record, you may be eligible for expunction or record sealing in Austin, Texas.
What is Expungement?
An expungement of your record is a legal process in which there is a total removal of your criminal record from everyone and anyone’s eyes. Even with a court order, no one may view your record, and you may legally withhold it under any and all circumstances. In other words, it’s gone.
What’s the Difference Between Sealed and Expunged?
Record expunction and record sealing are two different things, although people sometimes think of these two procedures as being the same.
With record sealing, law enforcement and licensing agencies still have access to sealed records, thus previous criminal charges that were sealed can still be used against you in court proceedings or by licensing agencies. However, with a sealed record, most employers and housing entities will not be able to see anything once your record is sealed.
Who Qualifies for Expungement?
In Texas, who is eligible for expungement? The laws that state who is eligible for an expunction of a criminal record vary from state to state. Here are some of the requirements that can determine who is eligible for expungement in Texas.
Expungement Eligibility and Requirements:
- You were arrested but not charged
- You were found not guilty
- Your charge was dismissed
- Your conviction was overturned by the Court of Criminal Appeals
- You were arrested for a crime that another person was later found guilty of
- You received a pardon from the Governor of Texas or the President
- Your case was dismissed after successfully completing deferred disposition probation for a Class C Misdemeanor
- You successfully completed a pre-trial diversion (probation) program
To get a record expunction, it helps to have a clean record since the date of the last crime. The passage of time helps, too, and the more time that has passed since the alleged crime was committed, the more likely it is that the expunction will be granted. Misdemeanors and felonies have different waiting periods before they are eligible for an expungement.
Expunge or Seal Your Record With the Top Austin Expunction Lawyer
An expert criminal defense attorney can walk you through the process of expungement or record sealing, and will help you figure out which option may work for you. Call sooner than later to find out which of these options will apply directly in your case right now.
If you have a crime on your record and want to see if expunction or record sealing is possible, call to schedule a consultation with an expunction and record sealing attorney today. The legal professionals at The Law Offices of James Gill, PLLC will use their expertise to fight for your rights. Call us at 512-448-4560 and let us answer any questions you may have about expunction and record sealing.