Despite a criminal case being never being filed following an arrest and or dismissed either by the prosecutor, court or via a deferred disposition for a Class C misdemeanor, doesn’t mean that your record for that offense and arrest automatically is erased and restricted from public view. To have records erased from public view you’ll need to petition for an order of expungement if you’re eligible. Once an order of expungement is filed your entire record concerning the arrest including the offense report, fingerprints and case disposition will be destroyed and out of public view. The order for expungement is a very valuable tool to prevent prospective and future employers, colleges and housing facilities to have access to this information.
AM I ELIGIBILE FOR EXPUNCTION?
To be eligible for an expungement, the defendant must have:
- The case dismissed outright.
- Found not guilty at trial.
- Class C misdemeanor dismissed per a deferred disposition (i.e. minor in possession of alcohol).
- Never formally charged for the offense
- The prosecutor recommends that the case be expunged.
- Pardoned by the Governor.
If you’re eligible for expunction, you’ll have the following waiting periods following your arrest before you’re able to file a petition for expungement if your case was never filed:
- Misdemeanor C: 180 days following an arrest.
- Misdemeanor A&B: One year after the arrest.
- Felony: 3 years after arrest.
If you case was filed and subsequently dismissed, there’s usually a two year waiting period from the date of the offense.
If a person is acquitted at trial this is no waiting period to file for expungement. In addition, if the prosecutor certifies that the arrest records and other related information is not needed for use in other criminal prosecution or investigation, or prosecution of another, the expungement can be issued immediately.
Per Section 106.12 of the Texas Alcohol Beverage code, minors who received a deferred disposition following a charge of minor in possession and or consumption of alcohol can have this charge expunged upon turning the age of 21. However, expunction is only available for one minor in possession of alcohol related charge and there were not convicted of other violations while they were a minor.
PLEASE CALL THE LAW FIRM OF RON BARON FOR A FREE CONSULTATION to discuss your eligibility for expunction. If eligible, we’ll be glad to represent you to obtain an Order For Expunction in a very cost effective manner.