Although it is often impossible to completely remove a conviction from your record, expungement is a way to have the details surrounding this crime removed. Expungement may apply to charges, arrests, and convictions. Having a criminal incident expunged from your record means that you are able to deny the occurrence of the crime going forward.
If you have a criminal record that you think you might be able to clean up through the expunction process, you’ll likely benefit from reading up on the Texas Code of Criminal Procedure. This is where you can make sure that the particular offense you want to have expunged qualifies for the process ahead of time. In Chapter 55, you’ll find examples of the common types of crimes and convictions that are able to be expunged and those that aren’t.
Which records can be expunged?
Some of the most common records that qualify for expunction are:
- Arrests for crimes that were never charged
- Criminal charges that ended by being dismissed
- Juvenile misdemeanors that meet certain qualifications
- Alcohol offenses by minors that meet certain qualifications
- Failing to attend school
Other records that qualify for expungement include:
- Crimes that were on a person’s record due to identity theft
- Convictions that led to an acquittal by the Court of Criminal Appeals or trial court
- Crimes that were pardoned by the president of the United States of the governor of Texas
Records are also eligible for expungement when a person was arrested and never charged. This only applies if there also wasn’t a case filed, nor was there a felony offense that came from said arrest. Additionally, when the office of the prosecuting attorney has certified that there are no open criminal investigations or prosecutions for which the records are necessary, the details are free to be expunged.