How to Expunge a Misdemeanor in Texas

 Posted on May 21, 2024 in Criminal Defense

If you have ever been charged with a misdemeanor in the state of Illinois, it will remain on your criminal record. If anyone does a background check on you for university acceptance, real estate purchases, or employment, something you did in the past can have serious consequences on your present and future. The good news is that some criminal records are eligible for expungement, meaning your criminal history can essentially be erased. This is not a simple, straightforward process and is even more confusing if you are trying to do it on your own without legal expertise. If you have been wanting to get a misdemeanor expunged from the record, speak with an experienced Collin County, TX criminal defense attorney who can review your case and help you navigate the process.

Can Every Misdemeanor Be Expunged?

The short answer is no. Not all misdemeanors can be expunged from a criminal record. To understand whether your misdemeanor can, you need to answer three questions:

• Does the misdemeanor qualify?
• Are you within the appropriate waiting period?
• Are there any other pending criminal cases against you, other than traffic violations?

Certain types of misdemeanors are never eligible for expungement. These include:

• Misdemeanor convictions related to charges of domestic violence. 
• Misdemeanor convictions related to DUI charges, except for a conviction from before you were 25 years old, which might be eligible.
• Misdemeanor convictions related to sex crimes charges (other than prostitution), dog fighting, battery of an unborn child, and anything that would make you subject to the Sex Offender Registration Act.

Any misdemeanor charges that were dismissed, dropped, or where you were found not guilty are immediately eligible for expungement, even if the actual charges are listed above as ineligible. There are several exceptions, and it is always advisable to speak with a lawyer to understand whether your specific charges are eligible for expungement.

Does an Expunged Misdemeanor Show Up in a Background Check?

When you get a charge expunged, what that means is it no longer appears on your record, as if it never happened. If someone does a background check on you, whether for employment, residence, education, or any other reason, they will not be able to see the misdemeanor that has been expunged.

Can I Expunge a Misdemeanor Without a Lawyer?

You have the legal right to represent yourself and go through the process of appealing for expungement without a lawyer. The court might help you by providing you with the paperwork that you need to file so you can move your appeal along. Unfortunately, expungement processes are complicated, and it is easy to make mistakes if you do not have experience fighting such cases. While you CAN go through it without a lawyer, the question remains whether you SHOULD. A knowledgeable criminal defense attorney is your best bet in this situation because they are familiar with all the steps that need to be taken and arguments that can be made to get your misdemeanor successfully expunged.

Schedule a Free Consultation with a Plano, TX Criminal Defense Attorney

If you want your misdemeanor expunged from the record, contact our Collin County, TX defense lawyer who has made aggressive cases that have successfully gotten hundreds of clients the results they wanted. Call The Crowder Law Firm, P.C. at 214-544-0061 to schedule a free consultation.