Expunctions of Criminal Records

Many people have the misconception that if they are found "not guilty" or their case is dismissed, the records no longer exist. Unfortunately, that is NOT TRUE.

Records relating to an arrest or even a criminal charge are created at the time of arrest and forwarded to the Texas Department of Public Safety. They in turn maintain a database called "TCIC." TCIC tracks arrests and dispositions of cases that follow an arrest and reports this information to the national criminal information system called "NCIC."

In addition to TCIC and NCIC, many county and district clerks offices maintain local computerized databases which contain records of arrests and case dispositions. Because of the Texas Open Records Act, arrest records can also be obtained by the public for private use, such as an employment background investigation; apartment leasing; etc. This means future employers, landlords and so on can discover prior criminal conduct by simply searching for your name at the court house or municipal court or via new businesses like Publicdata.com.

Obviously, you do not want future or current employers, landlords, etc. to find out about your past legal problems. Why? Because when the average employer or landlord discovers an applicant has been arrested, they hire someone else. In their mind, you have a criminal history and they want no association with that.

That is why the EXPUNCTION advantage is a MUST if you are eligible.... Once an expunction is granted, your criminal record, including finger prints, booking-photo, arrest report, and DPS records, is erased so IT IS AS IF THE ARREST NEVER OCCURRED!!!

Who is eligible for an expunction?
Cases that resulted in dismissals, declines, or "not guilty" verdicts. Class "c" deferred dispositions are also expunction eligible.

How do I know if I am eligible?
If you think your criminal history contains past allegations that are suitable for expunction, call me. I will be happy to evaluate your case for a nominal fee.

How long does this process take?
The expunction process usually takes a few months from start to finish, which means the system is not very responsive to individuals needing a quick fix or cleanup of their arrest record. However, the effect of a properly completed expunction is well worth the wait.

What is the end result?
Following entry of an expunction order, the release, dissemination, or use of the expunged records and files for any purpose is prohibited. The petitioner may deny the occurrence of the arrest and the existence of the expunction order.

However, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, the petitioner is permitted to state only that the matter in question has been expunged.

Violation of expunction order
A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the records and files relating to that arrest is guilty of an offense if he knowingly releases or uses the records or files.

Further, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor.