Waco Expungement Lawyer

A simple mistake or momentary lapse in judgment that leads to an arrest can have a long-lasting impact on your life. A criminal record can limit your job opportunities or housing options, prohibit you from obtaining security clearances, and impact your immigration status.

In some instances, a person who was arrested, charged, or even convicted of a crime can take action to prevent this information from showing up in a background check. Contact a Waco expungement lawyer to explore your options for removing criminal charges from your permanent record. Our team of seasoned criminal defense attorneys could provide thorough and practical assistance with your case.

Expungement Eligibility Criteria 

Texas Criminal Procedure Code Annotated § 55.01 provides that an individual placed under custodial or noncustodial arrest for a felony or misdemeanor can seek to have their record expunged. A person is eligible to pursue expungement if one of the following are true:

• No criminal charges were filed;
• They were tried and acquitted;
• They were convicted and subsequently pardoned;
• They were convicted at trial and acquitted on appeal;
• The charges were ultimately dismissed;
• For felony offenses, the charges were dismissed, and the statute of limitations has passed;
• The prosecutor recommended expungement or agreed to a plea bargain that included expungement;
• They were pardoned by the Governor of Texas or the U.S. President;
• Certain charges involving offenses by a juvenile;
• The charges were dismissed or quashed due to participation in a veteran’s treatment, mental health, or pretrial diversion program; or
• The charges were due to a mistake, false information, or mistaken identity.

Additionally, a close relative of a deceased person can pursue expungement on the decedent’s behalf if the decedent had been otherwise eligible to expunge the charge had they lived.

Procedure to Seek Expungement

To initiate the expungement process in Waco, your attorney could file a petition for the expulsion of records in the appropriate court or jurisdiction where you were charged. The petition should include information such as:

• The petitioner’s name, sex, race, birthday, and social security number;
• The petitioner’s address on the date of arrest;
• The offense charged;
• The date of arrest;
• The county where the petitioner was arrested;
• The arresting law enforcement agency; and
• The case number.

The court must set a hearing date within 30 days of filing the petition. If the court agrees to expunge the charges, it will enter an order directing an expunction.

Order of Nondisclosure as Another Option to Seal Records

In addition to expungement, a person convicted of a crime may also seek an order of nondisclosure of their criminal history record pursuant to Tex. Gov. Code Ann. § 411.074.

This process can allow a person to prevent disclosure of their criminal history when the court places them in community supervision, including deferred adjudication community supervision.

However, the court will not grant an order of nondisclosure if it is sought for convictions involving:

• An offense requiring registration as a sex offender;
• Aggravated kidnapping;
• Murder or capital murder;
• Human trafficking;
• Injuring or abandoning a child, elderly, or disabled person;
• Stalking; or
• Violating a court order involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or human trafficking.

During an initial consultation, a lawyer in Waco who handles expungement cases could explain all the options available to you for removing a charge.

Connect With a Waco Attorney Today About Criminal Record Expungement

If you have a criminal record, speaking with a Waco expungement lawyer could give you the best chance of preventing this information from showing up in background checks. When expungement is not an option, a knowledgeable attorney could advise you on your ability to obtain an order of nondisclosure.

Criminal records can drastically impact your life, especially if the crime was a felony. Our firm takes pride in securing wins for clients inside and outside the courtroom. Schedule a meeting with our legal team at The Greening Law Group today to discover your options for expungement.