League City Expunctions Lawyer
For individuals with criminal records in Texas, obtaining an expunction (or expungement) can be life-changing. Expunction provides the opportunity to erase certain records, offering a fresh start. Under Section 55.01 of the Texas Code of Criminal Procedure, individuals may be entitled to expunge arrest records, charges, and even some convictions under specific conditions. John Reed, Attorney at Law, a League City, Texas, criminal defense lawyer, is dedicated to helping clients navigate this legal process to restore their reputation and privacy. Contact our office today to explore your options with a knowledgeable and experienced League City expunctions lawyer.
Eligibility for Expunction
Section 55.01 of the Texas Code of Criminal Procedure outlines who qualifies for expunction. Generally, individuals are eligible to seek expunction if:
- They were arrested but not charged with a crime.
- The charges were dismissed or resulted in an acquittal.
- They were convicted but later pardoned or found innocent.
- A conviction was overturned on appeal.
- The statute of limitations expired without charges being filed.
However, there are limitations. Expunction is not available for individuals who received deferred adjudication (except for Class C misdemeanors) or those who were convicted of certain felonies. It’s essential to review your case with a legal professional to determine whether your record qualifies.
The Expunction Process in Texas
Once it’s established that you’re eligible, the expunction process follows a detailed procedure outlined in Section 55.02 of the Texas Code of Criminal Procedure. The steps include:
- Filing a Petition – The individual seeking expunction must file a petition in the district court where the arrest or criminal proceedings took place. The petition must include all relevant details, such as personal information, the offense charged, and a list of law enforcement agencies involved in the arrest.
- Notification to Law Enforcement – After filing, the court notifies all relevant law enforcement agencies, prosecutors, and courts involved in the case. These entities are entitled to a hearing to argue for or against the expunction.
- Court Hearing – During the hearing, the judge will review the petition, any objections, and the facts of the case. If the judge determines that the petitioner is eligible under Section 55.01, the expunction will be granted.
- Expunction Order – Once granted, the court orders the destruction or return of all records relating to the arrest or charge from law enforcement agencies, courts, and other governmental entities.
This process ensures that an individual’s criminal record is effectively wiped clean, but it can be complex and often requires skilled legal assistance to ensure all procedural requirements are met.
The Effect of Expunction in Texas
The effect of expunction, as described in Section 55.03, is comprehensive. Once a court orders an expunction, the individual is legally allowed to deny the existence of the arrest or charge. The person may refuse to disclose this information in almost all situations, including job applications, housing applications, and even under oath in most legal proceedings.
Expunction restores the individual’s legal status as if the arrest or charge never occurred, but there are exceptions. For example, an individual cannot deny the arrest or expunction when the person is under oath in a criminal proceeding (if being prosecuted for another crime) or when the information is being used in connection with an expunction hearing.
Notice of Right to Expunction
Under Section 55.05, anyone entitled to expunction must be informed of their right to seek it. This notice is typically provided after acquittal, dismissal, or upon receiving a pardon. Courts and prosecutors are required to ensure that individuals know they can clear their records through expunction. Failure to receive this notice does not affect one’s ability to file for expunction, but being aware of this right allows individuals to act quickly to protect their reputation.
Changes to Expunction Laws in 2025
Starting in 2025, the rules governing expunction in Texas will undergo significant revisions. The new Chapter 55A of the Texas Code of Criminal Procedure will streamline the process and expand eligibility for expunction in several key areas:
- Deferred Adjudication – Under the new rules, individuals who successfully completed deferred adjudication for certain low-level felony offenses may become eligible for expunction. This is a major shift from the previous law, which only allowed expunction for Class C misdemeanors in these circumstances.
- Automatic Expunctions – For certain dismissed charges and acquittals, the new law will provide for automatic expunctions, meaning individuals won’t need to file a petition. The court will initiate the expunction process on its own, which will save time and money for eligible individuals.
- Expanded Timeline for Filing – The new rules will also extend the timeframes within which individuals can seek expunction, giving more flexibility for those who discover their eligibility years after the fact.
- Broader Notice Requirements – Chapter 55A will require more proactive notice efforts by the courts and law enforcement to inform individuals about their expunction rights. This will ensure that more people are aware of their ability to clear their records after certain qualifying events.
These new rules will open the door for many Texans who were previously excluded from expunction eligibility. Contact our office to determine whether you might be entitled to expunction.
Contact League City Expungement Attorney John Reed Today
Expunction can provide a fresh start for those with criminal records in Texas, offering the chance to erase the past and move forward with confidence. For legal advice and professional assistance in the expunction process in League City, contact John Reed, Attorney at Law at 281-928-8228. Let us guide you through the process and help you achieve the clean slate you deserve.