Austin Expunction Lawyers

Giving You a New Lease on Life

If you have ever been arrested or accused of committing a crime in Texas, it could affect your ability to get a job, even if the charges were dismissed or a jury determined you were not guilty. Still, you may not have to live with a criminal record. An expunction offers a powerful opportunity to erase past mistakes and seek a brighter future. 

Under Texas law, individuals who meet specific eligibility requirements can have their criminal records cleared, effectively removing arrests, charges, or even convictions from their history. Once the expunction is granted, the incident no longer appears on the person’s record, allowing them to confidently move forward, free from the lingering consequences of a past mistake.

A criminal record can be a significant obstacle to personal and professional growth. That’s why our team at Cofer & Connelly, PLLC helps individuals in Austin, Texas, take advantage of expunctions to pursue a second chance. With extensive experience in criminal defense, we know how to craft a strategy tailored to each situation. Our team combines our skills and insights to guide clients through their cases, from eligibility determination to final approval.

For help with your expunction, contact us online or via phone at (512) 991-0576.

What Is an Expunction?

Expunction is a legal process under Texas law that allows individuals to remove specific criminal entries from their adult records. Once the court grants an expunction order, the information about the arrest, charges, or conviction is destroyed. This powerful tool provides a fresh start but is available only in specific circumstances.

Who Is Eligible for Expunction in Texas?

The eligibility for an expunction is determined by specific criteria, as outlined in the Texas Code of Criminal Procedure. The court has the discretion to grant an expunction after a hearing.

You may be eligible for an expunction if the following apply to your case:

• You were formally charged and tried for the offense, 
• You were convicted of the offense, and
• The criminal appeals court acquitted you, or
• The prosecuting office recommends expunction before you are tried for the offense

However, expunction is not granted in all cases. According to the Texas Code of Criminal Procedure, Chapter 55A, Subchapter D, an expunction is prohibited in certain situations.

The incident is not eligible if the request for expunction is related to:

• Ongoing charges or a conviction resulting from the same incident
• Driver’s license suspension or revocation
• Violation of community supervision
• Fleeing after an arrest

If you are seeking an expunction or are wondering about your eligibility in Austin, we can provide a clear, thorough evaluation of your case and help you navigate the process. Let our team guide you through this critical legal step toward clearing your record. 

How Do You Get an Expunction in Austin?

The expunction process requires careful preparation and adherence to specific legal procedures.

The steps involved in requesting an expunction include:

• Reviewing criminal records and assessing eligibility. Before moving forward, a thorough review of your criminal record is necessary to determine whether you qualify for expunction. This step involves identifying any eligible offenses and ensuring you meet the criteria under Texas law.
• Filing the petition. Once eligibility is confirmed, you must file a petition for expunction with the court in the county where the offense occurred. The petition must be complete and accurate, detailing all relevant information about the charges and your criminal history.
• Attending a court hearing. A hearing is scheduled 30 days after the petition is filed. The judge will review all evidence during this hearing and decide whether to grant your request.
• Receiving the final ruling. If granted, the judge will issue an order for the expunction. The order is sent to each agency named in the petition. These agencies are legally required to destroy or return the records, effectively removing them from public access.

Once an expunction order is finalized, any dissemination or sharing of the expunged records is prohibited. You have the legal right to deny the occurrence of the arrest or charge, and when questioned under oath, you may state that the matter has been expunged.

Attempting to file a petition for expunction on your own without an experienced criminal defense law firm representing you is complicated. You must follow the rules and eligibility requirements according to the letter of the law.

Expunction vs. Record Sealing in Texas

Expunction and nondisclosure (record sealing) are two legal processes available under Texas law to clear a person's criminal record. 

Expunction allows individuals to completely erase their criminal record from public access, giving them a clean slate. On the other hand, nondisclosure is an order that seals the record from being accessed by the general public. Still, some licensing agencies and government agencies, such as law enforcement, and anyone granted access to the records can view it.

Choosing between expunction and nondisclosure depends on several factors, including the severity of the offense, the amount of time since the offense, and the individual's personal goals. Understanding the difference between these two options can be overwhelming. Our team can help you make an informed choice. 

Benefits of Criminal Record Expunction

Expunction in Texas can significantly benefit individuals seeking to clear their criminal record. Upon expunction, records of an individual's arrest, charge, and conviction are permanently erased or sealed from the public record. This process provides relief from the stigma and discrimination associated with a criminal record, opening up opportunities for housing, employment, and educational opportunities that were previously inaccessible.

Expunction is particularly valuable for those who were wrongfully charged or had their cases dismissed, as it allows them to fully move on from their past and enjoy the benefits of a clean record. 

Seeking legal advice is crucial when pursuing expunction in Texas, as the process can be complex and time-consuming. However, the rewards of a cleared criminal record can be life-changing.