how to expunge your record in texas without a lawyer

Obtaining an Expunction in Texas

• Prepare a Petition for Expunction. Depending on the charges, the form will have to be as detailed as possible. ...
• 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.
• Attend a hearing. ...
• Present Order for Expunction to court. ...

Full Answer

How would I have my record expunged in Texas?

HOW TO EXPUNGE YOUR RECORD Process of an expunction: uRequires filing a petition with the appropriate court (court of jurisdiction) in the county where the arresting offense, or alleged offense took place - to have any and all records and files of the offense related to the arrest expunged or destroyed. uTo expunge a record literally means to

Who can access Expunged Records in Texas?

Dec 09, 2021 · Individuals sentenced with Class A misdemeanors in Texas or Class B misdemeanors in Texas cannot petition for expunction but only for non-disclosure. The process for expungement in Texas. One should consult his misdemeanor lawyer in length about his past records before moving on to deciding to file a petition for expungement. It’s also a good idea to …

How can you clear your criminal record in Texas?

Apr 03, 2014 · How to Expunge Your Texas Criminal Record: Free Expungement Forms. In my years representing all sorts of people (young and old, male and female, etc.) who have been accused of committing a crime here in Texas, I have come to understand the complexities of criminal law — not just in the practice of law, but in all the ways that a single ...

How to clear your criminal record in Texas?

DO-IT-YOURSELF TEXAS EXPUNGEMENT FORMS. 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. With these resources, a seemingly daunting task that might cost thousands of dollars by hiring an …

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.

How much does it cost to expunge 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 can I get my record expunged for free?

If the court cannot provide the necessary paperwork, try calling your county's public defender or legal aid society. If that does not work, try calling your county's bar association and ask them if any lawyers do pro bono (free) expungement service.

How hard is it to get your record expunged in Texas?

There are different ways to become eligible for expungement in Texas, but they usually require you to have your case dismissed or to be acquitted (found “Not Guilty”) by a jury. Expunctions can be granted soon after a case ends or even months or years later.May 9, 2019

Who qualifies for expungement?

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.

Who qualifies for expungement in Texas?

The only requirements for expunction eligibility under the category described in Texas Code of Criminal Procedure Section 55.01(a)(2)(B) are that 1) you has been released, 2) the charge, if any, has not resulted in a final conviction and is no longer pending, 3) there was no court-ordered community supervision, unless ...

How do you get something expunged?

A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.Feb 12, 2021

Can a domestic violence charge be expunged in North Carolina?

You must wait 10 years after a non-violent felony conviction to apply for expungement. You may have one non-violent misdemeanor conviction expunged. There are exceptions when you may have more than one expunged, which are defined under North Carolina's First Step Act discussed above.Jan 26, 2021

How much does it cost to get your record expunged in PA?

Attorneys typically charge between $700 to to $1000 to expunge your record. Take our free online eligibility test to see if you are eligible to have your PA criminal record expunged. People who were convicted of felonies or misdemeanors are not eligible for expungement, unless a pardon is received.

How long does it take to expunge a record in Texas?

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.Jun 20, 2018

What crimes 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.Apr 15, 2020

How far back do background checks go in Texas?

seven yearsHow Far Back Can a Background Check Go? The general rule for employee background checks in Texas is that employers can look at a job applicant's history up to the past seven years. Under certain circumstances a prospective employer can extend the background check to go as far back as the applicant's 18th birthday.Feb 10, 2021

How to expunge a criminal record in Texas?

Here are the basic steps for expunging a Texas criminal record: 1. Determine if you are eligible for expunction. 2.

What is expungement in Texas?

Expungement is the more commonly used term for a legal process called expunction. An expunction allows a person who had their criminal case dismissed to remove it from public databases of criminal records in Texas. While the concept is simple, the process can be somewhat convoluted and intimidating to those unfamiliar with it – even experienced ...

Can a felony be expunged in Texas?

A felony conviction cannot be expunged in Texas unless the case was overturned, the defendant was acquitted by an appellate court, or the defendant was pardoned by the Governor.

What does "found not guilty" mean?

1. Acquittal: You were acquitted (found not guilty) by the trial court or Court of Criminal Appeals, and you were not convicted of and do not remain subject to prosecution for another offense arising out of the same criminal episode.

How long does a conviction stay on your record?

That agency reports their findings of criminal records. Convictions remain on your criminal record forever and background checks may report them on your criminal history indefinitely. However, if your case was dismissed, the seven-year rule may apply to you.

What is the meaning of "ten years"?

Human trafficking. Ten Years: Theft of any estate by an executor, administrator, guardian, or trustee with intent to defraud. Theft by a public servant of government property over which he exercises control in his official capacity.

How long does it take to seal a criminal record?

Cases we have handled have taken anywhere from 4 weeks to 6 months.

1. What is Expungement? Learn All About Texas Expungement Law Here

To help these folk, we’ve provided lots of information here on the web site that explains what expungement is and how to go about getting a Texas criminal history expunged. To read up on Texas expungement law and how criminal records can get erased or sealed and freed from your future, check out:

2. How to Expunge Your Texas Criminal Record: Free Expungement Forms

In my years representing all sorts of people (young and old, male and female, etc.) who have been accused of committing a crime here in Texas, I have come to understand the complexities of criminal law — not just in the practice of law, but in all the ways that a single criminal case can impact a person and their loved ones.

About Michael Lowe

With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience.

How to get your criminal record erased?

In the following cases you may be eligible to erase your criminal record through expungement if: 1 Your arrest did not result in a criminal charge 2 You were found not guilty by a judge or a jury 3 Your criminal record exists because someone misrepresented themselves as you when they were arrested (this is identity theft, but you will still need to clean your record) 4 You have plead guilty to a Class C misdemeanor alcohol crime such as public intoxication 5 A grand jury “no billed” an indictment against you 6 You complied with the terms of deferred adjudication for a Class C misdemeanor

What is a non disclosure order?

If you have successfully completed Deferred Adjudication for a misdemeanor or felony, you may be eligible for an Order of Non-Disclosure which is document that a judge signs, ordering all public agencies to no longer release information about the deferred adjudication punishment you completed. :: LEARN MORE.

Can a Class C misdemeanor be expunged?

People who have a felony conviction on their record in the five years prior to the arrest they are seeking to expunge will not be able to expunge that arrest. Most offenses other than Class C misdemeanors that result in a conviction also cannot be expunged, with certain specific exceptions.

How long do you have to be on probation to seal a misdemeanor in Texas?

If your misdemeanor case is not on this list, you can seal it immediately after completing the probation. You must be on probation for at least two years before the crime can be sealed.

Why is it important to clear criminal records?

The ability to clear criminal records or grant nondisclosure (sealed records) requirements to the court is essential to protect future employment goals, scholarships, military development, admissions to certain organizations and universities, and more.

What is a petition in Texas?

Here, the criminal defendant submitted a special document known as “petition” to the appropriate court in Texas. It requires the judge to agree to destroy all documents related to the arrest and prosecution by the law enforcement agency involved. Fees may be charged per Texas law.

What is the Texas secrecy requirement?

In Texas, a criminal defendant can also make a formal request to a criminal court judge, called a “secrecy requirement”. It provides protection similar to that of immunity but does not involve the destruction of documents.

Can you file a complaint with the Texas Criminal Court?

Suppose you meet the specific legal provisions of the Criminal Code. In that case, you can successfully file a complaint with the Texas Criminal Court to delete or stamp your felony record. After the record is deleted or sealed through a private order, all your rights will be restored. For instance, if you are questioned whether you have a felony conviction, you can lawfully respond, “No.”

Can you clear criminal records in Texas?

Consequently, clearing up a criminal history in Texas is legally allowed and is easier than many might think. Many people qualify for the ‘strike out’ of their Texas criminal records. Others can free their future from a past criminal record by filing a “Confidentiality Petition” with their local Texas court.

How long does it take to get a judgment removed?

Assuming your petition is valid and eligible for removal, the court will plan to arrange a hearing within 30 days. If the judge orders it to be deleted, the court may take up to six months to record the judgment. In other words, you should expect that the entire process will take seven or eight months. After that, the arrest or charge of ...

How long does it take to get your criminal record expunged?

That hearing usually comes about a month after your filing. The court may grant the expungement at the hearing, but it can take upwards of six months for the decision to be registered.

What does expungement mean?

With expungement, you seek to erase or limit access to certain criminal records. Records that are expunged are no longer accessible by employers and others. In most instances, you can even tell others that you were never arrested or charged (except when you are testifying under oath).

How much does it cost to get a felony expunged?

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.

Can a misdemeanor be expunged in Texas?

According to the Texas code of criminal procedure, anyone who has been placed under arrest for a felony or misdemeanor, has the right to have his or her record expunged in the following circumstances:

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 ...

What is a non disclosure?

A non-disclosure is simply the sealing of a criminal record. This operates much like an expunction, but it has one key difference – with a non-disclosure, your criminal records are not destroyed, so they still may be seen by any agent of the government. However, the public will not be able to access the information.

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 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 file for non disclosure of criminal records?

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-dis closure of your criminal records – even if you are not eligible to apply for an expunction. A non-disclosure is simply the sealing of a criminal record.

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 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.

What happens if you are found guilty of a crime?

For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.

Who is Sandra King?

Sandra King uses her life experience as a small business owner, single parent, community volunteer and obsessive traveler to write about a variety of topics . She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening.

Can a court clerk give legal advice?

The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.