  Bobby Earl Smith
bobbyearlsmithlaw.com 1108 Nueces Austin, Texas 78701 Map / Directions 512-476-7373 Licensed by the Supreme Court of Texas |
What is an expunction?
An expunction is when your record is removed from the government records. "Expunge" means to erase, or delete.
What happens when a case is expunged?
When your government record is expunged, agencies where your record is expunged will not show that you were arrested and charged with a crime. Texas law then allows you to deny the occurrence of the arrest and the existence of the expunction order (unless you are questioned under oath in a criminal proceeding in which case you may state "the matter in question has been expunged") See TEX. CODE CRIM. PROC. ART. 55.03.
Can I get an expunction?
Your case may be expunged when your case is not prosecuted, or when your case is dismissed, or when you are found not guilty at trial. See TEX. CODE CRIM. PROC. ART. 55.01.
What is procedure for obtaining an expunction?
The right to expunge an arrest is found in the Texas Code of Criminal Procedure. A petition must be prepared and presented to the court before an Order of Expunction can be granted.
Because the procedure for getting an expunction is so detailed and because there are certain "waiting periods" that must pass before an expunction can be legally granted, most people hire an attorney to prepare the "petition for expunction" and present it to a judge.
I get phone calls all of the time from someone who got turned down for a job, or denied credit, or turned down when they tried to rent an apartment because of a record of arrest that shows up on their criminal history. Don't let this happen to you. Call now to see if your case can be expunged.