The penalties for an arrest in Texas aren't just limited to incarceration, fines, and probation. Having an arrest on your record can make it harder to find employment, even if you were acquitted of the charges.
Arrest records may become public record in Texas. That means anyone can access information about your arrest in a public database. For example, a potential employer may access this information when conducting a background check on you.
Your arrest record can be wiped clean through a legal process called expungement. An expungement wipes your record clean. Another way to seal your record from the public is available and that is called a Petition for Non-disclosure. This removes your arrests from public databases.
Obtaining an expungement isn't easy, however. If you don't meet the requirements, it may be denied by a judge.
Types of Texas Record removal/Sealing
Texas Law:
- Expunctions: Under Texas law, an expunction may wipe your arrest records, court records, and criminal history record clean.
- Petition for nondisclosure (PND): If you have completed deferred adjudication community supervision (probation), you may be eligible to petition the court for a PND. You may also be eligible if you have only 1 misdemeanor conviction in which you went to jail or were placed on probation. This would prevent your arrest record information from being disclosed to the public. How do I know if I qualify for expungement? It actually depends on what you were charged with and what the outcome of your case was.
- If you are charged with a non-violent misdemeanor, such as Possession of Marijuana and successfully completed Deferred Adjudication then you may qualify for a Mandatory nondisclosure. If you did jail time or paid a fine in that situation then you might qualify for this under another section of the Texas Government Code.
- Each case is unique and the process is quite complicated, but here at The Webb Firm, we can help walk you through the process.
How do I know if I qualify for expungement?
Expungement may only be issued if:
- You were acquitted of your crime by the court
- You had a criminal charge dismissed and the statute of limitations expired
- You were arrested but not charged with a crime
The Texas expungement attorneys at The Webb Firm, P.C. can help you determine if you're eligible for expungement. If you qualify, our attorneys can help streamline the process and maximize your chances of receiving an expungement. Contact us online to schedule your free consultation.
Expungement rules for DWI and PND
You may be able to seal your DWI 1st Conviction with a PND. Let’s see if you qualify.
Qualifications to be eligible to seal your conviction:
- You have NO other convictions or deferred adjudications.
- Your blood/breath Level was under .15 or you plead to a class B misdemeanor.
- There was not an accident with someone else and no one was in the car with you.
What is your waiting period to file for the PND?:
- If you successfully completed probation AND had the interlock in your car for 6 months during your probation: Two years from the date your probation ended.
- If you were on probation and had an ignition interlock device in your car for 6 months but your probation was revoked: Three years from the date you were released from jail.
- If you plead to probation without the ignition interlock device, did jail time, or received a time served offer (you just paid a fine): Five years from the end of probation, release from jail, or the date of the plea.
If you are interested or have other questions please contact the Webb Firm
