When you are arrested and charged with a felony offense, it can have a substantial impact on your life. Not only can it impact your ability to obtain certain employment or where you can live. As such, you may want to explore whether or not you are eligible to have certain felonies on your record expunged. The following blog explores what you should know about these matters in Texas and why it’s imperative to connect with Houston criminal defense attorneys if you want to expunge your record.
What Crimes Cannot Be Expunged in Texas?
An expungement in Texas essentially removes the records of your arrest and/or charges from all public records, including for law enforcement agencies. When granted, it will be as though the event never happened. However, there are certain crimes that cannot be expunged from your record in Texas. This includes the following:
- Driving under the influence
- Driving while intoxicated
- Murder
- Sexual assault
- Kidnapping
- Criminal solicitation
Are There Requirements to Expunge a Felony?
Only certain circumstances allow for someone who is arrested or charged with a crime to have their criminal record deleted by the court system. Typically, this includes those who were arrested but never charged with a crime, those who had the charges against them dismissed, those found not guilty in a court of law, or those who are victims of identity theft.
It’s important to understand that there are very limited situations in which someone convicted of a felony can have the charge expunged from their record. This is typically reserved for those found innocent after a conviction is recorded or for convicted individuals who receive a pardon from the governor or president.
What Should I Do if I Need Help?
The process of expunging a crime in Texas can be incredibly complex. Typically, you must wait between three and five years following your arrest to petition the court for an expungement. Then, you can begin the process of filing a petition through the court. It is in your best interest to have an attorney present for these matters as they can help ensure you complete this process correctly so as not to jeopardize your chances at expungement.
Once your attorney helps you file the petition to have the charge expunged, the court will schedule a hearing for these matters, where your attorney will present the case as to why the charges should be erased from your record. The original prosecutor for your case will also be present and can contest or agree to the expungement. Ultimately, it is up to the judge to decide whether or not to grant the expungement.
As you can see, this process can be incredibly complicated. As your future is on the line, it’s in your best interest to connect with an experienced attorney from the Gonzalez Law Group who can help represent you when yo to expunge your record. We understand how frustrating it can be to have these charges holding you back from a fresh start, so we will do everything possible to assist you. Connect with us today to learn how we can fight for you.