Texas Expungements Legal Questions

If the record was discovered in a background check by the apartments a short time period after the order of nondisclosure was granted, it can take time for the record to be removed from criminal history databases. Typically, 2-3 months. Or, it is possible it was not done correctly and will need fo be refiled.  If that is the case, I suggest you hire an attorney to assist you the next time.      ... Read More

You need to contact an attorney to determine whether and when you will be eligible to have the arrest records sealed. You cannot have them sealed, unfortunately. But, if your offense is one you can have sealed, there is typically a 5 year statutory waiting period during which you cannot file the petition (it's the court's way of making sure you don't get into any more trouble). But, after that waiting period is over, you can file it. Once it's done, most potential employers will not be able to see those records. Feel free to call me with your specific case information, and we can tell you whether your case is eligible to be sealed.... Read More

No, you cannot seal or expunge them. Your only option at this point is to retain an attorney to investigate the potential for a writ of habeas corpus. If successful, it would allow you to go back and fight the original charge. So, if you plead because you were guilty, or because the evidence looked back, it migth not be the best course of action. But, whoever you consult with can give you a better idea of the chances of success, with more information.... Read More

Unfortunately, you cannot have a conviction sealed or expunged.  However, on those facts, you should consider meeting with an appellate attorney to discuss whether a writ of habeas corpus might be worth pursuing. The writ process is expensive, difficult, and a long shot. But, a successful writ can reverse the convictions. You would have a second chance to fight the charges. I don't know enough about the case to tell you one way or another, at this point. But, that avenue is the only one availalbe to you, at this point.... Read More

If you successfully completed the deferred adjudication, the cases can be sealed; they cannot be expunged. Sealing the records will prevent most hiring companies from seeing the records. I don't believe the Nursing Board would be subject to the sealing order. Still, it is generally considered better to seal records that are eligible than to leave them out there in the open. Feel free to contact my office to discuss further, if you have any questions.... Read More

If it is a conviction it will never go away. And, if you were convicted of the offense you will not be eligible to have it expunged or sealed. Unfortunately, it is there forever. Your only option is to contact an appellate lawyer and consult with him/her as to whether or not you might have a shot in a post conviction proceeding called a Writ of Habeas Corpus. Being granted relief on the writ will not totally solve your problem. But, it will be a step in the right direction.... Read More

Whether you can have the case expunged depends on how it was resolved. If you were arrested, charged, plead guilty, and received a final felony conviction, you cannot do anything with it. It is there, forever.  If the case was dismissed outright or after successful completion of deferred probation, you may be eligible to have the records expunged or sealed, depending on your specific circumstances.  ... Read More

If you were on probation for the offense it is unlikely you can get the arrest records and resolution of the case expunged. If you were placed on deferred probation and successfully completed it (which seems to be the case as you state you were released early from the requirements of the probation) you may be able to have the case sealed.  There are some additional eligibility issues that must be addressed before anyone can tell you whether you are eligible to have it sealed. If you are eligible, the petition must be filed, and the state is entitled to a hearing on the matter. My advice is that you hire an attorney to handle this for you, to give you the best shot of having the petition granted.... Read More

Because you were convicted of these offenses you will not be able to have them expunged or sealed (a petition for non-disclosure). If your attorney was bad or the case was bad (and your attorney failed to investigate it) or the plea itself was legally improper, you may be able to pursue a writ of habeas corpus. I handle these, so I will tell you that they are (a) expensive to pursue; and (b) difficult to win. Still, in many cases a writ is truly the only option available to you. Based on the information you have provided, I think that is probably your only option.... Read More

This involves Chapter 45.051 of the Texas Code of Criminal Procedure.  There are many variables in terms of knowing what you pled to, what the judgment in your case states regarding the case you pled to.  There are court costs to be paid, the drafting of the petition for expunction, the filing of the petition and having the hearing on the petition for expunction.  Once the judge signs the order on the expunction, then various agencies have to be sent a copy of the order so they can remove the information from their system. I would encourage you to talk to a lawyer in the community where the class c case was filed against you. Typically attorneys will charge a fee for the preparation, presentment and hearing on the petition for expunction.  You will also have to pay for the filing fees. Consult with an attorney and if you have the judgment, make sure that you bring it to the meeting with the attorney whom you contact. Good Luck, patrick short    ... Read More