Why It's Important to Seek an Expunction in Texas: A Fresh Start

Having a criminal record in Texas can feel like a permanent stain on your life, affecting your ability to find a job, secure housing, or even your personal relationships. Did you know that if you have ever been arrested and your case was dismissed, your arrest record and documents are not automatically erased? That is a common misconception, but fortunately, Texas law offers a way to clear your record in some cases through expunctionor sealing (known as an order of nondisclosure). Here’s why taking this step can be a game-changer for your future.

1. Better Employment Opportunities

In Texas, many employers conduct background checks, and seeing a past arrest or charge can significantly hurt your chances of being hired. Even if the charges were dropped or dismissed, the record will still appear in public databases.

How Expunction Helps:
Once your record is expunged through a successful expunction, it is permanently erased and destroyed, meaning it will not show up on background checks. You can legally state that you have never been arrested, charged, or convicted. If you receive an order of nondisclosure, your record is sealed from public view, though some government agencies may still access it.

2. Improved Housing Prospects

Texas landlords are often strict when screening tenants. Even a minor charge from years ago can lead to denial of housing, forcing you into subpar living conditions.

How Expunction Helps:
With an expunged or sealed record, you can confidently fill out rental applications without fear that a past mistake will haunt you. Landlords who run background checks will see nothing, giving you a fair shot at quality housing.

3. Educational and Professional Licensing Advantages

Many professional boards in Texas (like the State Bar or medical licensing authorities) require background checks. A criminal record can disqualify you from pursuing careers that require a professional license. Additionally, colleges and universities may deny admission to those with a criminal history.

How Expunction Helps:
If your record is expunged or sealed, you are legally allowed to state that you have not been arrested or convicted. This means professional licensing boards and educational institutions will not see the record, allowing you to move forward without your past holding you back.

4. Protecting Your Reputation and Privacy

In Texas, criminal records are generally public information. This means anyone, including potential employers, neighbors, or even nosy acquaintances, can look up your past.

How Expunction Helps:
When a record is expunged, it is entirely removed from public databases. An order of nondisclosure limits who can view your record, keeping it hidden from the general public. This means your past mistakes won’t follow you around or harm your reputation.

5. Mental and Emotional Relief

Living with the constant worry of your criminal record surfacing can be mentally exhausting. In Texas, the fact that even dismissed charges can stay on your record adds to this stress.

How Expunction Helps:
Once expunged or sealed, your record will not be accessible to the public. This brings peace of mind and the ability to move forward with confidence, knowing your past is no longer an obstacle.

What Can Be Expunged in Texas?

1. Arrests without Charges: You were arrested but never formally charged.
2. Dismissed Charges: Your case was dismissed without a conviction (with few exceptions).
3. Acquittals: You were found not guilty at trial.
4. Pardoned Convictions: Your conviction was later pardoned by the governor or president.
5. Identity Theft Cases: You were falsely implicated in a crime.
6. Juvenile Records: Certain juvenile charges that did not result in a conviction.
7. Dismissed Misdemeanor Family Violence Charges: If dismissed and the statute of limitations (typically 2 years) has expired, you may be eligible for expunction after 3 years from the date of dismissal, as long as no deferred adjudication was granted.

What Cannot Be Expunged in Texas?

• Convictions: A conviction itself generally cannot be expunged unless it was pardoned.
• Deferred Adjudication Felonies: You cannot expunge a felony deferred adjudication; you may, however, be eligible for an Order of Nondisclosure.
• Violent Offenses with Convictions or Probation: Crimes involving family violence, sexual offenses, or certain felonies are not eligible for expunction or sealing (non-disclosure) if they resulted in a conviction or court-ordered probation.

Final Thoughts: Your Second Chance Starts Now

Seeking an expunction in Texas is more than just a legal process—it’s a way to reclaim your life. Whether it’s about landing a job, renting a home, or simply moving on from past mistakes, getting your record cleared or sealed can give you a new beginning.

If you’re considering expunction, don’t hesitate to contact CMK Defense, PLLC, a criminal defense firm in Austin dedicated to helping clients move forward. We understand Texas expunction law inside and out. Your second chance is just a legal petition away.