Erasing a Criminal Record (Expunction)
How do I expunge or erase my record(s)?
You may be able to have your criminal records erased under certain circumstances. The process to erase criminal records is called an expunction. Many young professionals and college students have this done. Obviously, they do not want future or current employers to find out about any past legal problems if possible. The process is available for misdemeanor arrests that did not result in convictions or court ordered probations. For example, if you were arrested for DWI but eventually had the case dismissed, you can have the record expunged. Or, for example, you were arrested for Public Intoxication on 6th Street and arranged for the case to be dismissed. You can probably have the case expunged. Some felony arrests can be expunged but the law is more complicated as to when any felony may be expunged.
Many people have the misconception that if their case is dismissed, the records no longer exist. Unfortunately, getting the case dismissed does not mean that the records disappear. Thus, future employers can discover prior criminal conduct by simply searching for your name at the court house or municipal court. Most criminal cases are public information. The record of the arrest, the offense report, finger prints, case disposition, etc.. are still around unless you move to expunge the record. (note: in the Austin area, large companies such as Chip Manufacturers and Computer makers, routinely search for criminal records at the court house and use the information as a screening tool)
The effect of an Expunction is far reaching. The entire record, finger prints, booking photo, arrest report, and DPS record can be erased. It is as if the arrest never occurred. The law actually allows you to deny the event occurred! If you are a college student or a young professional who hopes to continue moving up, you should consider expunging your records. Call me or send me an email to find out more information concerning this process.
BACK TO TOPHow do I seal deferred adjudication type probations?
The 2003 legislature has enacted a law that allows people who have successfully completed a deferred adjudication probation to request that the Court enter an "Order of Non-disclosure". This is designed to seal your deferred adjudication records from public view. If you have served a deferred adjudication probation and would like to get your records sealed, contact us online for more information.
BACK TO TOPWho knows what my record is?
Criminal records are maintained by the Department of Public Safety, as well as the Federal Bureau of Investigations. Neither of these agencies records are open to the public. However, If you have been arrested and charged with a crime, the County or District clerk's office, or the Municipal Court where you were charged has a file concerning the incident. That record is open to the public. Anyone can ask to see that file and read the contents. Recently, new internet type businesses like Publicdata.com have started to maintain private databases of Court records. Some employers use these businesses to investigate potential employees.
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Tom O'Leary is an Austin, Texas attorney who served for over 10 years as a prosecutor before beginning his private practice in 1992. He has represented hundreds of individuals in a variety of criminal matters.
If you have any questions, please contact us online or call us at 512.441.9941.