The plea must have been guilty or no contest. (If you entered a plea of not guilty and were acquitted in trial, you would be eligible for an expunction rather than an order of nondisclosure.)
4. For “waiting period offenses, ” the defendant may not have been convicted or received deferred adjudication for a new offense (other than a fine-only traffic offense) during the waiting period.
5. Even where no statutory preclusion exists, the state may oppose any petition for nondisclosure based on the “best interest of justice.”
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Governmental agencies (police, prosecutors, etc.) and quasi governmental entities will still have access to the records of your deferred. For any profession licensed by the State of Texas (teaching, nursing, etc.) the licensing board for that profession will still have access to records of your deferred. But take heart, criminal cases that have been disposed of with a successfully completed term of deferred adjudication probation are now considered by the State of Texas for the granting of a full pardon. Please see below for information regarding pardons.
A-1. Notwithstanding any other provision of this article, a person may not expunge records and files relating to an arrest that occurs pursuant to a warrant issued under Section 21, Article 42.12.
A-2. Notwithstanding any other provision of this article, a person who intentionally or knowingly absconds from the jurisdiction after being released under Chapter 17 following an arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or (c) or Subsection (a)(2)(B) for an expunction of the records and files relating to that arrest
Can I Expunge My Texas Criminal Record?
Sec. 1. At the request of the defendant and after notice to the state, the trial court presiding over the case in which the defendant was acquitted, if the trial court is a district court, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(1)(A) not later than the 30th day after the date of the acquittal. Upon acquittal, the trial court shall advise the defendant of the right to expunction. The defendant shall provide to the district court all of the information required in a petition for expunction under Section 2(b). The attorney for the defendant in the case in which the defendant was acquitted, if the defendant was represented by counsel, or the attorney for the state, if the defendant was not represented by counsel, shall prepare the order for the court’s signature.
Sec. 1a. (a) The trial court presiding over a case in which a defendant is convicted and subsequently granted relief or pardoned on the basis of actual innocence of the offense of which the defendant was convicted, if the trial court is a district court, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th day after the date the court receives notice of the pardon or other grant of relief. The person shall provide to the district court all of the information required in a petition for expunction under Section 2(b).
(c-1) An entity described by Subsection (c) may be represented by the attorney responsible for providing the entity with legal representation in other matters.
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Sec. 2a. (a) A person who is entitled to expunction of information contained in records and files under Article 55.01(d) may file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which the person resides.
Sec. 3. (a) In an order of expunction issued under this article, the court shall require any state agency that sent information concerning the arrest to a central federal depository to request the depository to return all records and files subject to the order of expunction. The person who is the subject of the expunction order or an agency protesting the expunction may appeal the court’s decision in the same manner as in other civil cases.
(c-1) The Department of Public Safety shall notify any central federal depository of criminal records by any means, including secure electronic mail, electronic transmission, or facsimile transmission, of the order with an explanation of the effect of the order and a request that the depository, as appropriate, either:
What You Need To Know About Expunction Vs. Nondisclosure In Texas
(c-2) The Department of Public Safety shall also provide, by secure electronic mail, electronic transmission, or facsimile transmission, notice of the order to any private entity that is named in the order or that purchases criminal history record information from the department. The notice must include an explanation of the effect of the order and a request that the entity destroy any information in the possession of the entity that is subject to the order. The department may charge to a private entity that purchases criminal history record information from the department a fee in an amount sufficient to recover costs incurred by the department in providing notice under this subsection to the entity.
Sec. 4. (a) If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the statute of limitations has not run and there is reasonable cause to believe that the state may proceed against the person for the offense, the court may provide in its expunction order that the law enforcement agency and the prosecuting attorney responsible for investigating the offense may retain any records and files that are necessary to the investigation.
(a-1) The court shall provide in its expunction order that the applicable law enforcement agency and prosecuting attorney may retain the arrest records and files of any person who becomes entitled to an expunction of those records and files based on the expiration of a period described by Article 55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of the prosecuting attorney as described by Article 55.01(a)(2)(A)(i)(d).
Texas Expungement Package (collins County Only)
(a-2) In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court may provide in the expunction order that the law enforcement agency and the prosecuting attorney retain records and files if:
Sec. 5. (a) Except as provided by Subsections (f) and (g), on receipt of the order, each official or agency or other governmental entity named in the order shall:
(d-1) Not later than the 30th day before the date on which the clerk destroys files or other records under Subsection (d), the clerk shall provide notice by mail, electronic mail, or facsimile transmission to the attorney representing the state in the expunction proceeding. If the attorney representing the state in the expunction proceeding objects to the destruction not later than the 20th day after receiving notice under this subsection, the clerk may not destroy the files or other records until the first anniversary of the date the order of expunction is issued or the first business day after that date.
How Long Does It Take To Get Your Record Expunged In Texas?
1. The Petitioner cannot have been convicted or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code that is punishable by fine only.
6. For “waiting period offenses, ” the defendant may not have been convicted or received deferred adjudication for a new offense (other than a fine-only traffic offense) during the waiting period.
7. Even where no statutory preclusion exists, the state may oppose any petition for nondisclosure based on the “best interest of justice.”
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6. Petitioner Cannot Have Served Any Period of Incarceration (If you had to serve some incarceration, see below for Parameters for Non-Disclosure Orders on Convictions When a Period of Incarceration Was Served)
7. For “waiting period offenses, ” the defendant may not have been convicted or received deferred adjudication for a new offense (other than a fine-only traffic offense) during the waiting period.
8. Even where no statutory preclusion exists, the state may oppose any petition for nondisclosure based on the “best interest of justice.”
Misdemeanor Offenses Now Eligible For Expunction On An Individual Basis
Convictions for Driving While Intoxicated can now be made Non-Public. With a DWI Non-Disclosure your DWI conviction will not show up on your background when you are applying for purely private employment, housing and credit. Governmental Agencies Associated with Law Enforcement (police, prosecutors, probation, etc.) will still have access to the records but, they are prevented from making them public. State Licensing Boards will also have access to Non-Disclosed DWI’s however, that does not mean that you cannot be granted a license to practice a profession that is licensed by the State.
Daniel Peugh is a former Chief Prosecutor for the Denton County Criminal District Attorney’s Office. He has an insider’s knowledge of local Judges, Prosecutors, and Probation Officers. At The Peugh Law Firm we try cases and we get jury verdicts. Our ability to make our case before judges and juries benefits all of our clients at every level of representation. Most of our clients do not go to trial. Still, the plea bargain offers our clients receive are based in large part on what the prosecutors know we can do if the case
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