Expunctions were created to allow a fresh start for people who were wrongly arrested or charged with a criminal offense. An expungement is a powerful court order to law enforcement agencies and criminal record depositories to destroy all records of an arrest and prosecution. Typically, the court orders the destruction of all jail records, police reports prosecution reports, and court files. 
After your record is expunged, you can deny its existence. Furthermore, it is illegal for anyone to publish information related to an expunged offense. Click Here to Learn More About Texas Expungements
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There are several different types of Texas criminal case dispositions that may qualify to be expunged, however, below are common types of cases that can be expunged. Click Here to Learn More About Texas Expungements
Any Texas crime that you are found not guilty by a judge or jury (acquitted by the trial court) is eligible to be expunged.
If a person is convicted of a Texas criminal offense but is then later pardoned or, granted relief based on actual innocence, they are eligible for an expunction.
Crimes that fall under Texas Penal Code Section 46.02(a) for the unlawful carrying of weapons, as that section existed for an offense committed before September 1, 2021. Examples of Unlawful Carrying of a Weapon cases that qualify are Unlawful Carrying of a Gun by a Minor, Unlawful Carrying of a Gun in a vehicle, Unlawful Carrying of a Weapon at a licensed Premises, Unlawful Carrying of a knife, club, brass knuckles, and nunchucks.
Texas criminal offenses that were dismissed. Keep in mind there may be a waiting period to expunge dismissed cases. Commonly, the waiting period is the statute of limitations for the offense.
Texas fine only offenses or class c misdemeanor offenses where an individual successfully completes deferred adjudicated probation. Examples include class c assault, theft, public intoxication, possession of drug paraphernalia, and theft by check.
Conviction of a minor for certain alcohol-related offenses.
If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.
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The normal process to expunge a Texas criminal case takes anywhere from about 3 to 6 months from filing to the court issuing an order. This timeline can vary widely from different courts and from different counties. Some courts move faster and some move more slowly.
However, after the order is issued the responding state and local agencies have 60 days to expunge all records relating to the criminal offense from their files. However, since most records are now digital this process does not usually take 60 days.
If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys. Click Here to Learn More About Texas Expungements
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Your expunged criminal record should not show up in any governmental state or local database. An easy way to check if your case was properly expunged is to do a quick search on the county or district clerk’s website for your case details since most counties have online criminal record searches. You could also order your official criminal history report from the Texas Department of Public Safety to ensure it is no longer in their database. Do not search their online records which only offer limited records. You will need to get fingerprinted to get your official report. Instructions can be found at the following link. https://www.dps.texas.gov/section/crime-records/fingerprinting-services.
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No. In general, you do not have to disclose an expunged Texas case on a job application. When a case is successfully expunged, it means that the records related to the arrest or charge have been legally erased and treated as if they never existed. Therefore, you generally have the right to deny the existence of the expunged case on a job application in Texas.
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If your case shows up on a background check before the court issues an expunction order, it is important to understand that the expunction order will be effective until after the background check has been completed. Once the court orders your record to be expunged then all agencies listed in the expungement petition have between 60-90 days to search and destroy all records related to the expunged case or cases.
However, as part of our Texas expungement service, our firm provides FREE letters of representation to our clients at no additional cost to aid in passing a background check before the expungement order has been entered and related records removed.
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In Texas, an expungement and a nondisclosure are two different legal processes that involve the sealing or removal of criminal records, but they have distinct differences in their effects and eligibility requirements. Here’s an overview of each:
Texas Expungement:
Expungement refers to the complete removal and destruction of all records related to an arrest or criminal charge from all public databases.Eligibility: To be eligible for an expungement in Texas, you must meet specific criteria, such as being acquitted of the charges, having the charges dismissed, or being pardoned. Expungements are typically available for cases where no conviction or deferred adjudication was obtained.
Effect: Once an expungement is granted, you can legally deny the existence of the arrest or charge, as if it never occurred. The records are effectively erased, and the law treats it as if the arrest or charge never happened.
Texas Nondisclosure:
Nondisclosure, on the other hand, involves the sealing of criminal records from public view but does not result in their complete removal or destruction.Eligibility: To be eligible for a nondisclosure in Texas, you must have successfully completed a deferred adjudication probation period for the offense in question. Certain serious offenses, such as those involving family violence or certain sex crimes, are generally not eligible for nondisclosure.
Effect: When a nondisclosure is granted, the criminal records are sealed from public access, meaning they won’t appear in standard background checks. However, the records will still be accessible to certain government entities, such as law enforcement agencies and some licensing authorities. Additionally, if you are later arrested for a subsequent offense, the sealed records can be used against you in determining your punishment for the new offense.
It’s crucial to consult with an attorney familiar with the specific laws and processes in Texas if you are seeking to clear or seal your criminal records.
Please be aware that this information is based on general knowledge and may not reflect the most up-to-date legal developments or specific details of your case. Consulting with a qualified attorney is recommended for personalized advice and guidance regarding your situation.
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In Texas, there are waiting periods that must be observed before you can file for an expungement for a criminal case. The waiting periods vary depending on the outcome of your case and the type of offense involved. Here are the general waiting periods for filing an expungement in Texas:
Acquittal or Dismissal:
If you were acquitted of the charges or the charges against you were dismissed, there is no waiting period to file for an expungement. You can initiate the expungement process immediately after the acquittal or dismissal.
Arrested – Case not filed or felony case no-billed.
               If an indictment or information has not been presented, then a person may receive an expunction after a certain waiting period has passed.  The waiting period is 180 days for Class C misdemeanors, one year for all other misdemeanors, and three years for all felonies.
Case Dismissed
               If you were arrested, and an indictment and information have been presented but later dismissed, then you are eligible to file an expungement only after the statute of limitations has run on your case.  The statute of limitations on misdemeanors is two years from the date of the offense and the statute of limitations for felonies is three years.  However, please note that there are many felony offenses that have a longer statute of limitations.
               You can immediately file an expungement if you have completed qualified pretrial diversion programs, veteran court programs, or mental health programs.
It’s important to note that these waiting periods are subject to change and may vary based on specific circumstances and changes in the law. It is recommended to consult with an attorney who is familiar with the current laws and requirements for expungement in Texas to determine the precise waiting period applicable to your case.
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At the Hopping Law Group, PC, we offer a straightforward flat fee structure on all of our cases. Our fee includes any and all associated costs such as court fees and filing fees. The cost of expunging a case in any Texas county is $1,950.00. There are never any additional costs or hidden fees in our flat fees. We understand that the cost of expunging a case can be a significant expense, so we have payment plans available to make the process more affordable. Furthermore, Our flat fee for a Texas expungement covers a comprehensive range of services related to your expungement case. It includes initial consultations, legal research, document preparation, filing the necessary paperwork with the court, representation during court hearings if required, resolving any objections that may arise in your case, and any associated court filing fees. We aim to provide our clients with full-service representation at a transparent and predictable cost. We are dedicated to making the expungement process as easy as possible for our clients and are happy to answer any questions they may have. So if you’re looking to expunge a case in Texas, please don’t hesitate to contact us so we can get started.
Our fee also includes several additional services we offer and no additional charge.
Free Fast Track Case Resolution – We expedite all our cases and never charge extra fees, like other firms. We will fast-track your case to ensure your case gets the attention it deserves and is resolved in the fastest manner possible.
Free Criminal Record Removal Service ($500 Value) – Once your expungement has been granted by the court and your public record is expunged. We send out notices to over 650 additional commercial entities to ensure our clients have the most thorough removal of their information possible. We will remove your information from background check companies, people search websites, mugshot websites, credit reporting agencies, and commercial databases.
Free Background Check Defense (normally $195 per year) – While your case is pending, we offer free letters of representation and notice of pending expungement to all our clients, to assist them in passing a background while their case is pending. Furthermore, if your case ever comes up on a background check after your expungement has been granted, then we will dispute it for you for free. Lastly, at any point in time, if you have questions about whether you have to disclose your case on an application, you can give us a call and we would be happy to walk you through the process for free.
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Our firm does not charge by the hour; we instead offer a flat fee structure for our services. We understand that hourly charges can often be unpredictable and costly for our clients, which is why we prefer to offer an up-front fee that covers the scope of our services. In this way, we can ensure that our clients are aware of exactly what they are paying for and are able to budget out their expenses in advance. We strive to provide our clients with the best value for their money, which is why we believe that a flat fee structure is the most efficient and cost-effective solution. If you have any additional questions, please don’t hesitate to reach out to us. We are happy to assist you in any way we can.
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Our Texas expungement flat fee includes court filing fees. We understand that the process of expunging your criminal records can involve various costs, including court filing fees. To provide transparency and convenience to our clients, we have structured our flat fee to cover these expenses. You can rest assured that you won’t be charged any additional court filing fees beyond the agreed-upon flat fee.
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