Expungement 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:
- The person was arrested and tried for an offense, but no indictment was presented or if the indictment was presented, it expired or was quashed due to misinformation/mistakes.
- The person arrested was released and the charges made did not result in a conviction.
- Preceding the date of arrest, the person has not been convicted of a felony for the past five years.
Non-Disclosure of Criminal Records – Sealing of Criminal Records
It should also be noted that a person may have their record expunged if they have been tried for the offense for which they were arrested and convicted, if their charges were later acquitted. However, if the said person is being tried for other offenses, this will not apply, in addition to other certain circumstances.
When the order of an expunction becomes final, the release of any records and files is prohibited, for any purpose, and the person whose records are in question, is not obligated to reveal that such a record existed.
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 Quickly Can I Expect the Expungement Process to Be Completed?
When you file a petition to have a criminal record expunged, you’ll first have to appear before the court. 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.
If you don’t qualify for expungement, you may still be able to limit access to your criminal records by seeking an “order of non-disclosure” with the court. This seals your criminal record from the general public while making it available on a very limited basis to specific governmental agencies.
