How Long Does Expungement Take in Texas?
One mistake should not define your life. Yet, for many people in Texas, it does.
A criminal record does not go away easily. Even once you’ve done your time and paid for your crime, having a conviction on your record can haunt you. In fact, decisions you make in your twenties and thirties can still affect your life well into your senior years.
What can you do to move forward and put your past behind you?
For many individuals, expungement is the answer.
What is Expungement?
Expungement is a judicial order that essentially removes an individual’s arrest or prosecution from the record. It is essentially wiping the slate clean.
However, the law only allows for the expungement of certain crimes. Individuals who get acquitted or have their cases dismissed are a good candidate for expungement. In addition, those convicted of Class C misdemeanors might also be eligible for expungement.
When an expungement is granted in Texas, any arrest record (including fingerprints and DNA samples) get destroyed.
Due to the complex nature of these laws, it is highly recommended that you contact an experienced Houston criminal defense attorney to learn more about your legal options.
Even if you do not think you are eligible for expungement, there are exceptions. An experienced attorney can advise you best.
How Long Does Expungement Take in Texas?
In the state of Texas, expungement does not happen overnight. When an expunction is not based on an acquittal or pardon, there are waiting periods before you can even apply for an expungement. Individuals seeking expungement must wait 180 days after a Class C misdemeanor, one year after Class A and B misdemeanors, and three years after a felony.
After you get through the waiting period, you can file a petition for expungement. In most cases, you can expect to wait 30-90 days to schedule the hearing date after you file this petition. The entire process can take up to six months to complete. Once the court grants your expungement, however, it may take agencies up to 6 months to destroy records complete.
If I Was Never Convicted, Why Do I Need to Get My Record Expunged?
Even if you did not get convicted of a crime, getting arrested and charged is often enough to deter future employers and housing managers. Many people are surprised to learn that this information is easily viewed for years – even if you did not get convicted.
Having any arrest on your criminal record can signal trouble when applying for a job, volunteering with children, obtaining a loan, or renting an apartment.
What If I Am Not Eligible for an Expungement?
Even if expungement is not possible, there are ways your Houston criminal defense attorney can protect your future. When you meet with your lawyer, they will discuss your case and the legal options available to you. Options might include record sealing and requesting an Order of Non-Disclosure.
Sealing your criminal record does not erase the record entirely, but it will make it more difficult for certain entities to view your record. Getting your record sealed prevents the courts and law enforcement agencies from disclosing your criminal record.
While sealing your criminal record may not offer the same benefits as expungement, it can help safeguard your future and protect your rights.
Why Do I Need a Lawyer for Expungement?
The expungement process is complex and difficult to navigate without legal guidance. Because of this, many individuals don’t take the time to go through it.
When you hire a criminal defense attorney to represent you, your attorney can go to work helping you rebuild your life after an arrest or conviction.
How can a Houston criminal defense attorney help you?
- Determine eligibility for record expungement
- Draft a petition for expunction of criminal record
- File the petition in the appropriate courts of law
- Represent you in court
- Build your case and advocate for you every step of the way
You can increase your chances of success by hiring an experienced Houston criminal defense attorney.
We Can Help You File For Expungement or Record Sealing
If you are worried about how long your expungement might take, we are here to answer those questions! At Roger G. Jain & Associates, P.C., we can go to work quickly to file a Petition for Expunction or an Order of Non-Disclosure if you qualify. Call us at (713) 981-0600 or fill out our confidential contact form. We know you have questions and that you want to move forward into your future without your past dragging you down. We can help. Call us today!
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.