Can You Erase That Arrest? Who Qualifies for an Expunction in Texas After a Dismissal or Not Guilty Verdict

The fallout of an arrest can stay with you long after the criminal matter has been resolved. Even if your charges were ultimately dismissed or you were found not guilty, the arrest itself may show up on background checks for jobs, housing, or professional licensing inquiries. This makes it hard to move past your charges and move on with your life. That’s where an Edinburg criminal defense attorney can step in and help you explore expunction.

If you are looking for a fresh start and you’re wondering if expunction is the right choice for you, Garza Law Office, PLLC can help you explore your options. Attorney Dora Alicia Garza has a deep understanding of criminal law and knows how to utilize options like expunction and nondisclosure orders to help clients start over. Find out how our criminal defense law firm can help by calling us at 956-329-1304.

An Overview of Expunction in Texas

Expunctions are outlined in the Texas Code of Criminal Procedure. If the court grants an expunction, then law enforcement agencies, courts, prosecutors, and other government entities must destroy or return records that are related to the matter in question. Someone who is granted an expunction can typically deny that the arrest ever even occurred.

This is different from a nondisclosure order, another option for some individuals who were convicted of or charged with a crime. Nondisclosure orders seal records from public view but still allow some government agencies to access them. This difference explains why expunctions are broader and often the preferred option.

Expunction After a Not Guilty Verdict

If you are tried and found not guilty, you typically qualify for an expunction. There is no waiting period. Expunction may be granted when the acquitted person or their criminal defense lawyer gives notice to the court that they are requesting an expunction. The court will then order an expunction order no later than the 30th day after the acquittal. This applies to cases handled in a district, justice, or municipal court of record.

Those who go this route must provide the court with the information required for a petition for expunction.

This route to expunction is straightforward and often allows an individual to get back to life as normal as quickly as possible.

Expunction After a Dismissal: Who Qualifies?

It’s a little bit more complicated if criminal charges are dismissed or quashed, rather than the individual being acquitted. If dismissal occurs for an approved reason, expunction may be granted. Qualifying reasons include:

• Veterans Treatment Court: If the individual completed a Veterans Treatment Court program, they may qualify for expunction.
• Mental Health Court: The same applies to those who complete a Mental Health Court program.
• Pretrial intervention: If someone completes a pretrial intervention or diversion program, expunction may be a viable option. A lot of dismissals fall into this category.
• No probable cause: If a case is dismissed due to false information, a mistake, or there’s no probable cause for any other reason, the individual may seek expunction.
• Legally void: Expunction is available if dismissal occurs due to indictments that are invalid as a matter of law.

Note that there are other requirements for those who qualify via Veterans Treatment Court or Mental Health Court, so it’s important to discuss whether or not you qualify with a criminal defense attorney.

Expunction is also an option if someone is arrested for a crime, but the prosecutor does not pursue charges, and the statute of limitations has expired.

Who Doesn’t Qualify for Expunction

Not everyone qualifies for expunction. You may not qualify if you were convicted of the offense, received court-ordered probation (with some exceptions), are still subject to possible prosecution, or your case ended in a plea deal that resulted in a conviction.

Special Situations

This topic gets murky when other factors come into play. The terms of your pretrial diversion program have to be analyzed, and deferred adjudication often does not qualify for expunction. Additionally, if there are multiple charges arising from one arrest, eligibility may be complicated.

Explore Your Options With Our Criminal Defense Law Firm in Texas

Ready to find out if expunction can give you the fresh start you’ve been looking for? Our criminal defense law firm is here to help. Contact us online or call us at 956-329-1304 to schedule a time to talk.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.