Erasing Criminal Records After Dismissal, Acquittal, Pardon or False Identification
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Criminal Defense Lawyers often get call from potential clients wanting their criminal records expunged/destroyed. However, the expunction statute in Texas is very specific and applies only to records of arrest when a case against a defendant is dismissed with no probation, no billed by a grand jury, acquitted by the trial court or the court of criminal appeals or the result of identity theft.
Individuals who cases were dismissed after successfully completing a deferred adjudication are not entitled to an expunction. However, they may have there criminal records hidden from public view if the criminal court issues an order of nondisclosure after the applicable waiting periods have expired. A order of nondisclosure prevents release of the information to the public but does not prevent disclosure to law enforcement and other state agencies. Orders of Nondisclosure are governed by Texas Government Code Sec. 411.081.
Expunctions:
Texas Code of Criminal Procedure Art. 55.01 provides:
(a) A person who has been placed under … arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was arrested and is:
(A) acquitted by the trial court, …; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exists:
(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and: (more…)
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