Expunction: How To Clear Your Criminal Record (2022)

Arrested in Texas? Get a Free Case Analysis: https://www.criminalattorneyfortworthtx.com/contact/

Free Guides:
What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworthtx.com/what-to-do-if-charged-with-a-crime
Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworthtx.com/dwi/felony/
What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworthtx.com/domestic-violence/
How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworthtx.com/drug-lawyer/

Who Can Get An Expunction?
Texas law defines an expunction as a legal way to remove arrest history from your background. Here in Texas, only certain people are eligible for an expunction, and you should consult with an experienced Texas attorney to determine if you qualify. You may be eligible for an expunction in Texas if any of the following apply to you:
1. You were arrested and found not guilty at trial;
2. You were arrested, found guilty at trial, and later pardoned;
3. You were arrested, found guilty at trial, and later found to be innocent by the court;
4. You were arrested but did not go to trial within a specific time;
5. You were arrested, but the court dismissed the indictment;
6. You were arrested, found guilty, but the appellate court overturned your conviction; or
7. The prosecutor or district attorney recommends an expunction before trial.
You may only receive an expunction if you never received one before, the state never issued an arrest warrant, and you sign a legal document stating this.
What Is An Arrest?
It is essential to understand that generally, you must be arrested before you can receive an expunction. In other words, if you are issued a citation or ticket but never arrested, you may not be able to get an expunction. Also, there are certain types of arrests that do not qualify for expunction. Specifically, an arrest for contempt of court, probation violation, parole violation, or extradition (moving an arrested person to the location where they committed the crime), you cannot receive an expunction.
The word arrest has a technical legal definition, and it is not always easy to determine if you were, in fact, arrested. There are tons of court cases that have attempted to explain what counts as an arrest. For example, having handcuffs placed on your wrists is a sure indication that you are under arrest. The use of handcuffs is considered a custodial arrest. But what if the police simply placed you in the back of a squad car? Are you under arrest if you turn yourself into the authorities voluntarily?

Dismissals, No-Bills
The most challenging expunction cases exist for clients that never received a trial. Generally, this can occur in one of two ways. First, the police arrest you, but the prosecutor never charges you with a crime. Second, the police arrest you, the prosecutor charges you, but the case is either dropped or dismissed before trial. These cases are more difficult because they require your release from jail without a trial or probation, and that the statute of limitations bars the prosecutor or district attorney from issuing an indictment.
If you try to get an expunction this way, you must show to the court that the jail released you without a probation order and that the case never reached a final decision. It does not matter whether the probation was supervised or unsupervised.
There may also be an issue surrounding the waiting period after the arrest. You are entitled to an expunction after a certain waiting period when you are arrested but never indicted for the crime—the waiting period changes based on whether the offense is a felony or misdemeanor. Usually, the waiting period is 180 days for misdemeanors and three years for a felony. If the prosecutor or district attorney does not indict you within these time periods, you may qualify for an expunction. If you are indicted within these time periods, you will not be eligible for an expunction, even if the court dismisses the case later.
00:00 How To Clear Your Criminal Record Through Expunction In Texas
02:10 Reasons Why You Should Want An Expunction
03:43 Who Can Get An Expunction?
5:31 Do I Need An Expunction If I Wasn’t Arrested?
6:35 What If There Are Multiple Crimes Arising Out Of A Single Arrest?
7:43 Could Juvenile Cases Get Expunged?
8:10 What If You Are Acquitted Of A Crime?
09:07 What If You’re Pardoned?
09:47 What If Your Case Was Dismissed?
10:40 What If You Complete A Diversion Program?
12:51 How Much Time The Government Has To Bring The Charges Against You?
13:20 Statute Of Limitations
14:02 How Do You Get An Expunction?
16:00 Do I Need An Expunction?
16:13 If I Was Arrested By The Charges Were Never Filed, Do I Need An Expunction?
16:25 Am I Eligible For An Expunction If I Was On Probation?
17:48 How Long Will An Expunction Take?

Видео Expunction: How To Clear Your Criminal Record (2022) канала Hampton Law