Individuals often believe if they have had a criminal case dismissed or have been acquitted by a jury, the charge is no longer on their record. This common misconception often raises issues in the future as they seek employment or housing. An individual that has had a criminal offense dismissed or has been acquitted by a jury must take the necessary steps to have the charge removed from their record. There are several factors that determine if an individual is, in fact, eligible to have a criminal offense expunged from their record and our team of legal professionals is highly qualified to review your criminal record and determine what, if anything, can be done to clear your name of any criminal offenses you may have been charged with.
Individuals can seek to expunge their criminal history if they meet certain criteria. If you have been charged with a criminal offense and have been found not guilty by a jury, you are entitled to have the charge expunged from your record immediately. If you have had a criminal charge dismissed and the statute of limitations has run, you are likely eligible for an expunction as well. The process of obtaining an expunction takes approximately 8 weeks from the time the petition is filed to obtaining a signature from a Judge. After an order of expunction has been signed by a Judge, you can legally deny that the offenses listed on the expunction order took place.
Once an order of expunction is granted by the court the order is processed by the district clerk’s office and sent to all agencies listed on the petition that may be in possession of records pertaining to the incident in question. These agencies include the arresting agency, any jail facilities you may have been placed in, the district attorney’s office, the county clerk’s offices and numerous other offices and agencies that have a record of the arrest or criminal charges. The agencies that are being asked to destroy the records do have up to one year to complete the process, but it is usually completed in a shorter time frame.
Individuals can seek a petition for nondisclosure if you have successfully completed deferred adjudication for most Class B misdemeanors, Class A misdemeanors, and felony offense.
Contact our office today to discuss your expunction and/ or nondisclosure eligibility with a highly qualified member of our staff.