Can I Get My Criminal Record Expunged in Collin County, Texas?

 Posted on February 15, 2022 in Criminal Defense

Nobody is perfect. We all make mistakes from time to time, and while some of these mistakes are more serious than others, a poor choice in your past should not prevent you from making better choices in the future. Sometimes, however, a criminal record can keep you from moving forward and getting better opportunities. Getting a great job, applying for a professional license, and even getting approved to live in the apartment community of your choice can all be hampered by a criminal record. If you are wondering whether you may be able to clear your name of past wrongdoing in Texas with the help of an experienced criminal defense attorney, read on. 

Understanding Expunction

Texas distinguishes between two ways of clearing your record and the process you need will depend on your situation. The first way is via expunction. You may be able to have your criminal record expunged of misdemeanor and felony charges if you meet one of the following circumstances: 

• You were never charged with a crime
• Your charges were dismissed 
• Your case resulted in an acquittal
• A jury returned a not-guilty verdict
• You were arrested because of identity theft, not because you committed the crime
• Your conviction was acquitted in an appeal 
• Your conviction was later pardoned 

There is no waiting period for an expunction if you were arrested and charged but later acquitted or pardoned. If you were arrested for a crime but never formally charged, the time you must wait before applying for an expunction depends on the severity of the crime. The wait times, from the date of the arrest, are as follows: 

• Class A misdemeanors - one year
• Class B misdemeanors - one year
• Class C misdemeanors - 180 days
• Felonies - three years 

Record Sealing

The second way you may be able to clear your name is by getting your record sealed with an order of nondisclosure. Orders of nondisclosure are available to people who either pled guilty or no contest to an offense and have finished their adjudicated community supervision period. Felony offenses have a five-year waiting period, and serious misdemeanors have a two-year waiting period. Many misdemeanors are also eligible for orders of nondisclosure and have a two-year waiting period (unless the punishment was only a fine, in which case there is no waiting period at all). 

Not all criminal histories are eligible for either expunction or record sealing, so it is important to meet with an attorney who can help you understand whether your appeal is likely to be successful. 

Meet with a Collin County Criminal Defense Attorney

At The Crowder Law Firm, P.C., we believe that a mistake in your past should not negatively affect your future forever. If you are interested in clearing your criminal record, schedule a free consultation with one of our experienced Collin County criminal record expungement attorneys. We will work hard to help you put the past behind you and move forward with your life. Call us today at 214-544-0061. 

Source: 

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm