How can I have a criminal arrest record expunged?
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How can I have a criminal arrest record expunged?
17 YEAR-OLD ARRESTED FOR FELONY POSSESSION OF CRIMINAL INSTRUMENT. PLED TO CLASS B MISDEMEANOR AND RECEIVED DEFERRED ADJUDICATION. DEFERRED ADJUDICATION COMPLETED WITHOUT PROBLEM. NOW 27 YEARS OLD, HAVING PROBLEMS OBTAINING JOB AND HOUSING. WAS SUGGESTED THAT HE HAVE THIS ARREST REMOVED BY EXPUNGEMENT.
Asked on May 24, 2011 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In Texas, certain criminal matters can be removed from your criminal record. The process is called “expunction” (also known as “expungement”). Convictions, probation, and adult deferred adjudication orders cannot be expunged with certain exceptions – a conviction of a Class C misdemeanor among them. However, your conviction was for a Class B misdemeanor. If your criminal record cannot be expunged, you may be able to obtain an “Order of Nondisclosure”. Although not every type of offense is eligible for nondisclosure.
Both procedures have the purpose of limiting or preventing access to information regarding your criminal records by third parties (this includes employers).
If you were convicted as a minor, motions to seal are available to a juvenile’s criminal records. The arrest, detention, prosecution and conviction can be physically sealed, but the process is not automatic. The court reviews several factors, such as the type of case, its disposition, whether there is any new or current charges pending as either an adult or juvenile. The upshot of the sealing of the arrest and prosecution records is that the minor can respond with “no” on applications if asked if she or he is asked about having a criminal record.
At this point point, you really should consult with a criminal law attorney in your area. Having a chance to clear your criminal record is well worth it.
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