A felony conviction can derail your life, making it difficult to find gainful employment, secure housing, and more. As such, you wonder whether or not you are eligible to have certain felonies on your record expunged. Expungement is a court-ordered process by which a record of a criminal conviction is removed or destroyed from public access. Please continue reading to learn what crimes are not eligible for expungement in Texas and why it’s imperative to connect with a knowledgeable Dallas County Criminal Lawyer if you want to expunge your record.
Can a Felony Be Expugned From Your Record?
In Texas, crimes can only be expunged or otherwise erased from your criminal record under specific circumstances. Generally, the only situations in which your crime qualifies for expungement is if you were arrested but never charged with a crime, the charges brought against you were eventually dismissed, you were the victim of identity theft, or you were found not guilty in a trial. It’s important to understand that there are very limited circumstances in which someone can have a felony conviction expunged from their record.
What Crimes Are Not Eligible for Expungement in Texas?
It’s important to understand that most felonies in Texas are not eligible for expungement. Essentially, Texas prohibits you from removing certain criminal convictions from your record. There are exceptions when felonies are eligible for expunction including cases in which you were acquitted at trial, the charges were dismissed, you received a pardon, or the state never formally charged you with a crime. The following crimes cannot be expunged from your record:
- Driving under the influence
- Murder
- Indecency with a child
- Sexual assault
- Kidnapping
- Aggravated robbery
- Criminal solicitation
- Drug trafficking
- Aggravated assault
How to Apply for Expungement?
The first step of applying for an expunction is to check your eligibility. Once you have determined your eligibility, you can file a petition for expunction with the district court that has jurisdiction over sealing the relevant criminal record.
After you have filed the petition, the court will schedule a hearing. It’s important to note that there is a mandatory waiting period before the court can grant an expunction, typically three years for felonies. Some felonies require longer statutory waiting periods. It usually takes around six to eight weeks for the court to make a ruling. When the order is finalized, the records are legally required to be deleted.
The expunction process is often a challenging feat. As such, it’s in your best interest to contact an experienced lawyer from Spangler Law to discuss whether you qualify for an expungement. Our legal team is prepared to guide you through the filing process.
