how long does it take to get a criminal record expunged in texas if you go thrpugh a lawyer

Full Answer

When can I expunge my criminal record in Texas?

Expunctions can be granted soon after a case ends or even months or years later. Many different kinds of crimes are eligible for expungement in Texas. Even sex offenses can be expunged.

How long does it take for expungement to be approved?

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

How much does an expungement cost in Texas?

How Much Will an Expungement Cost in Texas? Generally, expunctions cost around $600 just in filing fees and service of process costs. Your legal fees for an expungement lawyer can easily exceed $3,000. However, you can expunge more than one arrest at the same time in a single petition, assuming the arrests are each eligible.

How do I get my criminal record expunged?

Your criminal attorney must first file a petition for expunction or petition for non-disclosure outlining the fact that you qualify to clear your criminal record under the law. Upon completion of the filing, there must a hearing that your criminal defense attorney will attend to seek approval from the judge in District Court.

Do I need a lawyer to expunge my record in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

What crimes Cannot be expunged in Texas?

Crimes ineligible for record sealing in Texas public criminal records:Aggravated kidnapping.Any crime that requires you to register as a sex offender.Any family violence offense.Child endangerment or abandonment.Human trafficking.Murder.Stalking.

Who qualifies for expungement in Texas?

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

How much does it cost to expunge your record in Texas?

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

How long is the expungement process in Texas?

four to six weeksIn most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

What felonies Cannot be expunged?

Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism, and severe injury or death of another person typically are not eligible for expungement.

What felonies can be expunged in Texas?

Specifically, you may be able to get misdemeanor or felony records expunged in Texas if:The felony charge was dropped or dismissed without action;You went to trial and were acquitted of the offense;You were convicted of the charge, but later found to be innocent by a court; or.You were pardoned of the offense.

How do I file for an expungement in Texas?

Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.

Can I get my record sealed in Texas?

Can I Seal My Texas Criminal Record? In Texas, if you want to seal your criminal record, you will need to seek an order of nondisclosure. As mentioned above, an order of nondisclosure prohibits law enforcement or courts from disclosing your criminal record related to the order.

How much does an expungement lawyer cost?

How Much Will This Cost Me? Costs to hire an attorney to expunge a record vary widely, ranging anywhere from a few hundred dollars to $10,000, depending on the number and severity of the underlying crimes, and the requirements of the jurisdiction in which the crime was committed.

How do you get a criminal record removed?

You can apply to have your criminal record expunged when:a period of 10 years has passed after the date of the conviction for that offence.you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.the sentence was corporal punishment.More items...

How much does it cost to get a misdemeanor expunged from your record in Texas?

Expunging misdemeanors typically costs $1,000 or less. For any record expungement or expunction, a filing fee of $300 applies and is a required part of the expungement process. In Texas, expungements typically cost around $1,500 on average.

How long does it take to get an arrest record expunged?

The waiting period depends on the type of offense: 180 days for Class C misdemeanors, 1 year for Class B misdemeanors or Class A misdemeanors, and.

What is expungement in Texas?

Expunging criminal records in Texas is a post-conviction process that makes them inaccessible to the public. Expungement (also referred to in the statutes as expunction) is available when the person was arrested but not convicted, or for class C misdemeanors where the person successfully completes deferred adjudication.

What is the Texas Code of Criminal Procedure?

Under Texas Code of Criminal Procedure 55.01, “a person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged” if certain conditions are met.

What is expungement in criminal records?

Expungement (also referred to in the statutes as expunction) is available when the person was arrested but not convicted, or for class C misdemeanors where the person successfully complete s deferred adjudication . Criminal records that have been expunged will generally not show up a background check. People with expunged records usually do not have ...

Do expunged criminal records show up on background checks?

Criminal records that have been expunged will generally not show up a background check. People with expunged records usually do not have to disclose them when asked. This can be helpful to people seeking to gain employment.

Can a deceased person's criminal record be expunged?

The criminal record of someone deceased can be expunged by a close relative. The record has to be eligible under the normal rules for expunction. The close relatives who can request the expungement are: spouses, parents, grandparents, adult children of the deceased, and. adult siblings of the deceased. 8.

Can a criminal record be expunged in Texas?

Texas allows for very few criminal records to be expunged. Most of these are arrest records. Only the following types of criminal records can be expunged: arrest records that did not lead to a criminal charge, criminal charges that were dismissed and the statute of limitations has expired,

How long does it take to get an expungement?

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

What happens after an arrest is expunged in Texas?

After expungement, the use, release, or dissemination of expunged records by an agency is prohibited. If an individual qualifies for an expungement of their criminal record, he or she may erase or remove the arrest from local, state, and federal records. When an expunction is granted to you in Texas, any arrest record, ...

What is expungement in Harris County?

An expunction allows many of the individual’s offenses to be legally removed from public records. When an individual is acquitted, not prosecuted, or his or her case was dismissed, expungement may be an option. After he or she is granted an expunction in Harris County, his or her records are made legally deniable.

Why is expungement important?

Expunction is an effective way to ensure that any negatives on the individual’s record are legally deniable.

What are the requirements for expungement in Texas?

Under the Texas Penal Code, the basic requirements for expungement in Texas include: The individual’s trial resulted in an acquittal. His or her arrest didn’t lead to an indictment. The individual was convicted, released or later pardoned. The indictment was either dismissed or quashed in court.

What is expungement in criminal justice?

Expungement, also called an expunction, is a judicial order that directs numerous recordkeeping agencies to remove an individual’s arrest and/or prosecution records. Because today’s business world is highly competitive, and because potential employers may access an individual’s criminal background records, expungement may allow some individuals ...

What is criminal history?

Criminal history may be used by credit reporting agencies, government agencies, apartments, schools, or employers to make decisions about individuals. Those with a criminal record may be denied admission to schools, denied credit, rejected for certain jobs, or refused housing. In Texas, expungement removes the individual’s arrest ...

How long does it take to get a felony expunged?

Being convicted of a felony within five years from the date of the arrest you wish to have expunged. The statute of limitations has not yet expired on a dismissed case in which an individual was charged with a felony. Having received deferred adjudication (adults only)

What is expungement in Texas?

Expungement in Texas is a process that legally erases a crime from an individual’s record. One of the most common types of cases people wish to have expunged are DWI cases, as getting a DWI in Texas can come with a slew of negative repercussions, both legal and social. There are different means and methods towards obtaining expungement in Texas ...

What is probation in Texas?

Having received probation (adults only) The charge an individual wishes to have expunged was part of a “criminal episode,” and the individual either still has charges pending from said episode or has been convicted of crimes from said episode (see Texas Penal Code § 3.01 for a definition of a criminal episode)

Can you get an expungement in Texas if you are acquitted?

Even if you are eligible/entitled to an expungement in Texas based on the above criteria, you will not qualify for an expunction if you meet any of the following conditions.

Can you file a nondisclosure petition in Texas?

Texas law also allows a petition for nondisclosure if you have completed deferred adjudication. Deferred adjudication is a type of plea deal where the defendant pleads “guilty” or “no contest” to their charges in exchange for meeting certain requirements laid out by the court of law, including community supervision.

Do arrests equal guilty charges?

To that end, we urge you to keep in mind that arrests do not equal guilty charges. This idea can be hard to believe if you’ve recently been caught driving with a blood alcohol content above the legal alcohol limit or if you have a warrant for your arrest.

Can a minor be expunged in Texas?

Expungement in Texas for juvenile offenses. Minors are also eligible for expungement under certain circumstances, including being charged with a misdemeanor punishable by fine committed prior to the age of 17, offenses that fall under the Alcoholic Beverage Code, and failure to attend school.

How long does it take to get an expungement hearing?

Calculating your date of eligibility can be tricky even for experienced expungement attorneys. A hearing appointment will usually take at least 30 days after a request, generally longer. If your petition is granted, agencies can take up to 12 months to destroy the records, but are must quicker to seal them.

What happens when you get expunged?

When you obtain expunction, your criminal records are essentially destroyed. The charges become largely untraceable. With an order of nondisclosure, the records still exist but are harder for to access. Civilian employers, for example, won’t be able to see your criminal history.

How much does an expungement lawyer cost?

Your legal fees for an expungement lawyer can easily exceed $3,000. However, you can expunge more than one arrest at the same time in a single petition, assuming the arrests are each eligible. Expunctions are well worth the expense, however, as they can increase your earning potential and bring greater peace of mind.

How long does it take for an expunction to be issued?

However, if you need an expunction or seal faster, then let your lawyer know. Typically, you should expect an expunction to take 60-90 days before your record begins to clear up in background checks.

What is expunction petition?

In Texas, filing an expunction petition is a process that legally removes an offense off an individual’s criminal history file. An expunction will force state agencies and private companies to remove references to your arrest in their electronic files and to destroy any hard files related to your arrest.

How does a criminal record affect your life?

A criminal record, for example, can truly affect the opportunities that you are granted later on in life. Criminal history, even without a conviction, can affect your insurance rates, credit, employment, and reputation in your community. Sometimes this isn’t fair. Maybe you made a mistake in your younger years that you’ve learned from.

What crimes are there in Texas?

However, there are some crimes that will always appear in a criminal context in Texas. These include kidnapping, murder, sex or family violence crimes, and stalking. If you’ve been charged with these crimes, you will have a very difficult time trying to have them removed or hidden from your record.

How long does it take to get an expungement in Texas?

Depending upon the county in Texas you are filing in, it can take 30-90 days to complete your expunction or non-disclosure. Your criminal attorney must first file a petition for expunction or petition for non-disclosure outlining the fact that you qualify to clear your criminal record under the law.

How long do you have to wait to file for expungement?

This is the one big issue that many attorneys and clients miss when they are seeking an expunction. For most crimes, there is a 2 – 5 year waiting period before you are eligible to file for an expunction.

How long do you have to wait to file a misdemeanor in Texas?

You must wait the requisite amount of time for your offense. You must wait five years after your felony discharge or dismissal; two years for misdemeanors under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code; and there is no waiting period for other misdemeanors.

Is your arrest record public?

However, your arrest record remains public record unless you take legal actions to clear your criminal record.

Can you get your record expunged?

Depending on the offense and the circumstances surrounding that offense, you might be eligible to have your record sealed or expunged. A sealed record means the public will be unable to see it, but law enforcement officials and other government agencies will still have access.

Can you get an expungement if you were convicted of a felony in Texas?

You were convicted of a crime that was later pardoned by the Texas Governor or U.S. President. In addition to the above requirements, you cannot seek an expunction if: You received deferred adjudication or probation; You were convicted of a felony within five years of the arrest you want expunged;

How does expunging a conviction work in Texas?

Getting a conviction expunged in Texas is a powerful legal process. It ensures that a conviction gets completely destroyed from your record. Having a cleaner record can improve your prospects for jobs, housing, and even credit cards.

What is expungement in Texas?

Getting a crime expunged is Texas’ way of protecting you against mistakes you’ve made in the past. As long as you know what to expect from the process, expunction can help you finally get the job of your dreams.

What is expungement in Texas?

Expungement is the legal process of removing an event from a person’s criminal records and is a relatively routine process in Texas. With legal help, some people have been able to permanently remove information about past arrests, charges, and convictions with relatively minor effort. When the courts expunge a criminal record, ...

What happens when a criminal record is expunged?

When the courts expunge a criminal record, it will order the official removal of all information regarding that arrest, charge, or conviction as if the incident never happened.

How to get an expunction in Texas?

Obtaining an Expunction in Texas 1 Prepare a Petition for Expunction. Depending on the charges, the form will have to be as detailed as possible. (Find this form at the end of this Texas Bar pamphlet ). 2 File the petition with the court. After filling out the petition, fill in either the municipal, county, or district court, depending on the level of the offense. 3 Attend a hearing. The court will conduct a hearing to grant dismissal of charges. If the petitioner meets the necessary requirements, the courts will likely grant the expunction. 4 Present Order for Expunction to court. The petitioner must have an order drafted, usually with the help of an attorney, for the judge’s signature.

What is the first question to ask when pursuing expungement?

The first question to ask when pursuing expungement is the type of crime that someone committed; some convictions are not eligible for expungement, but the types that are eligible include: An arrest for a crime without a subsequent charge. A criminal charge that the courts ultimately dismissed. Arrest, charge, or conviction on a person’s record due ...

What is expunged arrest?

Adults who received deferred adjudication or probation. Adults who received a felony within five years of the would-be expunged arrest. The would-be expunged incident is part of a criminal episode, meaning either the person has pending charges, or the courts convicted him or her of a different crime within the same “episode.”.

What is a conviction for identity theft?

Arrest, charge, or conviction on a person’s record due to identity theft by another individual whom the police arrested, charged, or convicted of the crime. Conviction for a crime that the trial court or the Criminal Court of Appeals later acquitted.

Can you get expunged for a crime in Texas?

Conviction for a crime that the governor of Texas or the U.S. president later pardoned. Even if your case fits the above conditions, it doesn’t necessarily mean expungement. The court may deny an expunction for: Adults who received deferred adjudication or probation.

What is an expunction in Texas?

An expunction allows a person to have a fresh start. It was designed for individuals who have been wrongly arrested or charged with a criminal offense. If granted, an expunction allows a person to deny that their arrest ever ...

Can the public access criminal records?

However, the public will not be able to access the information. In effect, this helps many people who, for example, are trying to get a job or an apartment because prospective employers or apartment agencies cannot access the criminal records and thus, will not use the information against you.

Can you get an expunction for a felony?

However, if your felony charge did not lead to a conviction, you may be eligible for an expunction. Additionally, if there was a conviction but that case was later reversed, you may be able to get an expunction and satisfy the requirements as set out in the statute.

Can you get a misdemeanor record expunged in Texas?

Specifically, you may be able to get misdemeanor or felony records expunged in Texas if: The felony charge was dropped or dismissed without action; You went to trial and were acquitted of the offense; You were convicted of the charge, but later found to be innocent by a court; or. You were pardoned of the offense.

Can a felony be expunged?

Felony Charges Without a Finding of Guilt Can Often Be Expunged. The ability to have your criminal record expunged is a creation of statute; meaning, a person does not have a constitutional right to have their record expunged.

Can a felony make it hard to get a job?

A felony criminal record can make it difficult to get a loan, an apartment, or even a job. Even without a conviction, a past or current felony arrest has the potential and almost certainly will cause serious legal and personal problems. Fortunately, in Texas, there are options available to some that help either erase or seal a person’s criminal record.

Can expungement erase criminal record?

As was mentioned, an expunction erases a person’s criminal record. While it is the best option when it is available, it is not the only option. Depending on the specific circumstances of your case, you may be eligible to petition for a non-disclosure of your criminal records – even if you are not eligible to apply for an expunction.

What Does Expunging A Texas Criminal Record do?

• In Texas, a criminal record or file that has been expungedcannot be: 1. released, 2. maintained, or 3. disseminated. Government agencies with the record are prohibited from doing any of these things, for any purpose.1 People who have had their record expunged can deny that the incident ever happened. They do not have to say they were ever arrested....

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What Types of Criminal Records Can Be expunged?

Is There A Difference Between Expunction and Sealing A Record?

Are There Penalties For Disclosing An Expunged Record?

Can A deceased Person’S Record Be expunged?