Texas law recognizes that this is unfair to you and provides a remedy for this—expunction. However, expunction doesn’t happen automatically. You will need to file a civil lawsuit against the state seeking expunction of your records. This is the only way to erase your arrest records from public access. Once the court grants an order of expunction, law enforcement and state agencies are required to destroy all records of your arrest. And by destroy, I mean physically destroy physical records and electronically destroy digital records. In addition, background check companies and mugshot companies are also required to remove records of your arrest from their websites.
Again, this process doesn’t happen automatically. You still need to file a civil lawsuit against the state seeking nondisclosure of your records. This is the only way to erase your arrest records from public access. Once the court grants an order of nondisclosure, public access to your arrest records will be sealed. Also, background check companies and mugshot companies are required to remove records of your arrest from their websites as well, although law enforcement and state agencies will still have access to your records.
Tony answered my call in the middle of the night. He immediately came to meet me and calmly walked me through how to help my loved-one. Tony continued to communicate with me throughout the process and went above and beyond every other lawyer I contacted. I was so impressed with his dedication and professionalism. It is clear he really cares for his clients.
Tony answered my call in the middle of the night. He immediately came to meet me and calmly walked me through how to help my loved-one. Tony continued to communicate with me throughout the process and went above and beyond every other lawyer I contacted. I was so impressed with his dedication and professionalism. It is clear he really cares for his clients.
Tony Sun is very smart, diligent, and hard working. I call on him frequently to get people out of jail. He always answer the phone no matter what time of day or night and works quickly and efficiently to get the client out of jail.
Why getting your record expunged can save you $5,250 over the next 3 years.
Even if your case was dismissed, the arrest record will still show up on your background check. The good news is that an expunction will clear your past arrest record.
Sleep sound at night – you qualify for better housing.
Be confident in job interviews – your arrest record won't show up on background checks anymore.
Build your credit – you qualify for better loans.
Peace of mind – you can truthfully deny your past.
Here are a few victories of clients I worked with to expunge their criminal records.
Client was a nurse who got her DWI dismissed which was re-filed as an Obstruction of a Highway, which she completed her deferred adjudication. We sealed both the Obstruction and the DWI together in one petition. She got to keep her nursing license.
Client was a financial aid director applying for a state agency position and didn’t want her past holding her back from getting the job. Client hired us right before she had her first interview with the state. Client came in for a consultation on Thursday. We had her expungement filed on Friday. Two months later, she got the job and her record expunged.
Client was a software engineer who wanted to move into a downtown apartment. But he was getting denied because of his previous arrest for marijuana. We tried to get the prosecutors to approve an early expunction, but they didn’t. So we had to wait until the statute of limitations expired. But the day came, and two months later, we got his arrest expunged.
Client was an accountant that wanted to get his CPA license. He didn’t want to disclose anything on the state licensing application as well as any future jobs he may apply for. Felonies has a little longer waiting period than misdemeanors do, so we had to wait a year before he became eligible. But the day came, and two months later, we got his charge expunged.
Client was a real estate agent who was applying to become a broker. Real estate is also a field where “theft” is considered to indicate the moral character of a person in the future. We got her record expunged.
Client was a recent college grad that was applying for medical school. Medical schools look for offenses relating to “fraud” because they consider these offenses indicate the moral character of a person in the future. Client called us before she started applying because she was unsure of how she should answer the “have you ever been arrested of a criminal offense” question. She came in for a consultation and hired us by the end of the week. Two months later, she got her records expunged and started applying to schools.
Client was a pre-law student who wanted to go to law school. He got a DWI conviction a few years ago. It was his first offense ever. We still had to wait 6 months until the statutory waiting period ended. We got everything ready to file so we could file immediately when he became eligible. We got his record sealed and he is now applying to law schools.
Give me a call, and I'll review your case for free to determine if you are eligible for an expunction.
If your charge got dismissed, you are eligible if you meet the other legal requirements. If your charge got deferred or convicted, you may be eligible for a nondisclosure.
Expunctions are for dismissed cases. If a court expunges your records, all government agencies must destroy any files related to your case. As if nothing ever happened. So you can get a better job, better housing, and better loans.
Nondisclosures are for deferred adjudication or first misdemeanor convictions. If a court grants you an order of nondisclosure, the government agencies get to keep their records of your case, but they must seal your records from outside access. As if nothing ever happened.
Yes, there are court fees for filing the expunction typically around $400-450.
Every government agency listed in your expunction must destroy all of the files related to your expunged arrest, and send back a certified acknowledgement that they did so. Or they face criminal penalties for not complying. Background check companies can be fined up to $500 a day for not complying. This money goes to you.
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better job.
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better apartment.
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better loan.
Yes, if you meet all the legal requirements and do everything right and win at the hearing.
No, if you don’t do everything right or lose at the hearing. If you lose the hearing, you lose your right to expunction.
No, if you hire a lawyer. I can go to court on your behalf.
Peace of mind that you get it done right the first time. So you can get back to focusing on your future.
Typically 6 months from date of filing. Some lawyers file quicker than others.
The order of expunction is a court order sent to all the listed agencies to destroy your records and to send back a certified acknowledgement that they did so. The court will also give you two certified copies.
Your personal bond: with all of your personal information including home address, phone number, email, date of birth, employment and relatives.
Your police report: with details of your arrest records including your conversation with the police officer, your car’s license plate, the field sobriety tests.