One Shot Only: The “One Shot” Rule Means Your Expunction Must Be Perfect

You have a criminal record in Texas, and you’re ready to stop living your life in its shadow. However, you have to proceed carefully with expunction, thanks to Texas’s one shot rule. Rushing through this process or going through it without a Texas criminal defense lawyer could mean you throw away your shot.

That’s where the team at Garza Law Office, PLLC steps in to help. Known for her passion for justice and fairness, attorney Dora Alicia Garza is committed to helping her clients secure a fresh start. For more than ten years, Dora Alicia has represented clients in a wide range of legal matters, helping them navigate the criminal justice system. Learn more about how our established criminal defense law firm can support you as you explore expunction. Call us at 956-329-1304 now.

An Overview of Expunction

An expunction is a court order that permanently erases certain criminal records from government databases. If expunction is granted, the arrest records are gone, public access to related records is erased, and you can legally deny the arrest or charge in almost any situation.

Expunction is largely considered the “gold standard” for record relief in Texas. While an order of nondisclosure does offer some relief to those with a criminal record, it isn’t nearly as extensive as expunction. Because of what expunction can do, it is only available in very specific cases.

The “One Shot Rule” Explained

The expunction process is incredibly complex, which is why having the right criminal defense attorney advocating for you is essential. It is laid out in detail in Chapter 55 of the Code of Criminal Procedure, with requirements varying based on the charge in question, whether you were charged or convicted, and specific factors and exceptions that may affect eligibility.

If you apply for expunction and leave out important information, apply when you are not yet eligible, inaccurately prepare your petition, or don’t notify the appropriate agencies, your expunction could be denied. Not only do you lose your filing fees when this happens, but you lose the right to expunge that case in the future—even if that case later becomes eligible. This is what’s known as the “one shot” rule. It can be devastating for those who attempt to handle their expunction on their own and lose that chance due to procedural errors.

Why Accuracy is So Important

Expunction orders must be served on all the entities that have information on your arrest. Depending on your case, that may include local police departments, county sheriffs’ offices, district attorneys, the Texas DPS, and even federal agencies. If you forget to include any of these entities, your expunction is incomplete. Those records may remain in circulation, and because you only get one chance at expunction, you do not get another opportunity to correct it.

Common Mistakes People Make

When people try to work through expunction without a criminal defense law firm, they risk making common mistakes that put their expunction at risk:

• Leaving out agencies: Forgetting to include all agencies with records of the incident in question can leave damaging records out and publicly accessible.
• Misspelling names or forgetting aliases: If there are records under variations of your name, including nicknames, those must be included in your petition if you want those records erased.
• Filing at the wrong time: The waiting period to request expunction depends on the details of your case. Filing too soon can mean throwing away your chance at expunction.
• Not notifying the necessary agencies: Failing to notify the appropriate agencies can derail your expunction efforts.

Why You Should Work With a Criminal Defense Lawyer

Texas’s one shot rule is incredibly unforgiving, and trying to navigate it on your own can be stressful and overwhelming. When you work with an attorney during this process, they can review your criminal history to verify that you qualify for expunction, ensure that you wait the appropriate waiting time before filing, identify every agency that must be named in your petition, draft a petition that meets all of Texas’s technical requirements, and handle the entire process for you.

Wondering If Expunction is Right for You? Let’s Talk

At Garza Law Office, we know how valuable a fresh start can be. If you’re ready to find out if expunction can help you wipe the slate clean, it’s time to talk to one of our criminal defense attorneys. Give us a call at 956-329-1304 or send us a message online to schedule a consultation.

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.