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When can someone qualify for expunction?

On Behalf of | Mar 25, 2022 | Expunction |

Many individuals who are accused of a crime are focused on having the case record expunged after all is said and done. While this is not possible in all states, it is possible for some defendants in the state of Texas. The action is not automatic, even for juveniles, and not all convicted individuals can qualify. Convicted felons face a much more stringent challenge in expunction. The nature of the crime and the ongoing criminal record of the individual can have an impact as well. The stipulations in the law can be complicated, and understanding how the process works is vital for all who intend to use the legal request potential to clean up their personal record after qualification.

Prosecution records

All charged criminal cases will generate a paper trail of some type that is generally observable by the public. The records remain intact even when the defendant is acquitted. The Texas criminal law statute allows individuals who were wrongly accused and granted an acquittal or case dismissal to successfully request that all records related to the case be expunged from public viewing.

Pardoned convictions

Expunctions in Texas are typically associated with an additional pardon request. This is issued via the governor’s office for the most part as stated in the Texas criminal statutes. A convicted individual can file for a pardon with legal representation requesting the case be forgiven and expunged from public viewing in the process. For felons who qualify, there is a waiting period of three years of good behavior and no further criminal charges unless information contained in the record can apply to another defendant.

Receiving an expunction in Texas is not an easy process, with the potential exception of juveniles. Juveniles are given the benefit of the doubt regarding potential rehabilitation in the state system, but those at or over 18 years of age will be processed as an adult.