How To Expunge a Criminal Record in Dallas

Texas has some of the most restrictive expungement laws in the nation. If you need to have your criminal records erased or sealed in the state of Texas, you must meet specific eligibility requirements. An arrest record makes it difficult to get a job, find a place to live, and qualify for some government benefits.

Expungement or expunction is a way to start over, but not everyone may qualify. This article discusses the ways to have your record expunged or sealed in Dallas or anywhere in Texas.

Expungement vs. Sealing

An expungement permanently removes your entire criminal record from public record. Anyone performing a background check for any reason will not see your history. If an employer asks about your criminal history, you can say you have none. Expungement makes your criminal record disappear.

An order of nondisclosure seals parts of your record. Law enforcement agencies and some licensing agencies can see your record, but most public searches cannot find it. You must disclose your arrest and conviction record on applications and interviews.

Under Texas law, convictions are not expunged from your record. You may only expunge misdemeanors with deferred adjudication and offenses that did not result in a conviction. However, many crimes can receive an order of nondisclosure after a waiting period.

Eligibility for Expungement

Texas law allows for expungement in cases of:

• Acquittal
• Pardon
• Convicted of Unlawful Carrying a Weapon (P.C. 42.02(a)) before September 1, 2021
• Completion of deferred adjudication probation for a Class C misdemeanor
• Completion of pretrial intervention followed by dismissal of charges
• Deferred prosecution with community supervision

In all cases, you must complete a waiting period depending on the nature of the charges. If no charges were filed in your case:

• Class C misdemeanors: 180 days
• Class A and B misdemeanors: One year
• All felonies: Three years

If the prosecutor filed charges, the statute of limitations for filing on the criminal offense must expire before you may request expungement. The statute of limitations must have expired for all crimes for which law enforcement charged you. Note that some felonies, such as capital murder, have no statute and thus cannot be expunged.

Eligibility for Nondisclosure

A nondisclosure order will not completely remove your record, but it keeps private employers and landlords from accessing your criminal history. Government agencies and law enforcement can still access your records. It is not the “fresh start” that an expungement provides, but it is better than having your records open to everyone.

The rules for nondisclosure are available under the Texas Government Code. In general, you may request a nondisclosure if:

• You completed deferred adjudication for most misdemeanors and felonies
• You completed community supervision for a first misdemeanor conviction
• You completed a jail term for a first misdemeanor conviction
• For a DWI offense, you did not cause an injury accident during the offense, and have no other convictions or deferred adjudications for any other offense

You cannot receive a nondisclosure if you:

• Must register as a sex offender
• Were convicted of any violent crime, including family violence, murder, aggravated kidnapping, human trafficking, or other similar offenses
• Were convicted of any other crimes during the waiting period for an eligible crime

Victims of human trafficking and those who have completed a veterans treatment program have greater access to nondisclosure orders under Texas law. If you believe you fall into these categories, discuss your case with a criminal defense attorney.

Texas Expungement Process

In theory, courts should enter expungements and nondisclosure orders automatically. In reality, you need to do it yourself. Getting legal advice from an expungement lawyer is a good idea, as the legal process can intimidate the layperson.

If you want an expungement. you must file a Petition for Expunction of Criminal Records. There are two different forms, one for acquittals and one for dismissals. You must use the correct form for your criminal case.

The form requests information about your arrest, including the agency that arrested you, the Department of Public Safety tracking number, and all charges filed during the arrest. The arresting officer may have charged you with more than one offense, even if the prosecutor only followed through with one. All charges must be on your expungement petition.

You can add additional exhibits or proof of reasons why the court should expunge your records. These may be additional arrests you want cleared, lists of agencies with your arrest records, and affidavits.

Applicants are required to pay the filing fees. You may qualify for a fee waiver, but ask the clerk before you file. The clerk can explain the process for obtaining a hearing date. Each county courthouse handles hearing and notices of hearing differently. You can expect a hearing date at least 30 days after you file, but not sooner.

Once you have a hearing date, be sure to attend. Otherwise, the court will not grant your expunction order.

Nondisclosure Process

There is a long list of forms and orders for nondisclosure. Be sure you have the right form for your particular situation. You may also need certified court documents of your judgment, deferred adjudication, or completion of reemployment programs.

Complete the forms and attached letters. Texas provides video guidance on how to fill out the forms.

File the forms with the filing fees. You may qualify for fee waivers. Once the court reviews your application, it will issue an Order of Nondisclosure. The Department of Public Safety sends copies to all agencies listed on your application.

Things to Keep in Mind

You cannot request any record-clearing order until the waiting period expires. If it has only been 170 days since your misdemeanor dismissal, the court will not enter a nondisclosure order.

Both expunctions and nondisclosures only affect your official records and agencies that maintain records. They have no effect on your social media.

Get Legal Advice From a Texas Criminal Defense Attorney

Getting your criminal record expunged or sealed is a tricky process, and you might need the advice of a legal professional. The rules in Dallas County differ from those in Tarrant County. Instead of trying to figure it out alone, get legal advice from an experienced Texas criminal defense attorney in your area.