If past criminal convictions or arrests have haunted you, Patel Fuller Law Firm can assist you in expunging certain forms of criminal records. We can also assist in having your criminal record sealed through an order of nondisclosure. We do not believe past mistakes should define you. We will help you get your life back on track when an alleged crime has been committed.

What Criminal Records Qualify for Expunction in Texas?

Although most convictions cannot be removed from your record, in Texas, you can permanently remove information about an arrest, charge, or conviction in certain circumstances. This is called an expunction.

An expunction will remove all information from your criminal record. It is then within your rights to deny the incident ever took place. Records eligible for expunction include:

  • An arrest that did not result in charges
  • A criminal charge that was dismissed
  • Qualifying misdemeanor juvenile offenses
  • Conviction of a minor for some alcohol offenses
  • Conviction for failure to attend school
  • Arrest, charge, or conviction due to identity theft by another individual
  • Conviction for a crime that was acquitted at a later time by the trial court or the Criminal Court of Appeals
  • Conviction for an offense that was pardoned later by the Governor of Texas or the U.S. President

How Long Does an Expunction Take?

Texas does require a certain period of time to elapse before you can request an expunction. The times vary based on the type of crime:

  • Class C misdemeanor: 180 days since the date of your arrest
  • Class A or B misdemeanor: One year since the date of your arrest
  • Felony: Three years since the date of your arrest

Expunction waiting periods do not apply if you were acquitted, pardoned, or convicted but found to be factually innocent. If the state attorney certifies files for your case will not be needed for other cases, you do not have to wait.

Expunction for the Deceased

We can also handle cases for deceased persons who had a criminal record. You can seek expunction on their behalf. The same rules apply to the deceased for expunction.

What is an Order of Nondisclosure?

An order of nondisclosure seals your criminal record. This will prevent criminal justice agencies from disclosing information about your criminal history to the public.

You can file for an order of nondisclosure if:

  • You pled guilty or no contest to a crime or offense
  • You have successfully completed deferred adjudication community supervision

Most misdemeanor convictions are eligible for sealing.

What is the Waiting Period for Orders of Nondisclosure?

The waiting periods for an order of nondisclosure are as follows:

  • Felonies: Five-year waiting period from the date of your arrest
  • Serious Misdemeanors: Two-year waiting period from the date of your arrest

If you were only fined for your punishment, there is no waiting period.

What Offenses Are Not Eligible for an Order of Nondisclosure?

You cannot request an order of nondisclosure for the following offenses:

  • Any offense where you must register as a sex offender
  • Human trafficking
  • Aggravated kidnapping
  • Injury to a child, disabled person, or an elderly person
  • Stalking
  • A family violence offense
  • Murder

A petition for expunction or nondisclosure can be filed in the district court where either you were arrested or the offense occurred.

We can assist with your expunction and order for nondisclosure requests, putting an end to the criminal records that are interfering with your ability to move forward.