Today I’m gonna answer the question, “Who is eligible for expungement in Texas?”
So it’s a pretty broad question, but I’ll try to answer it quickly.
Expungement, also known as expunction is a legal procedure in Texas that clears a criminal record.
It actually destroys all records of the criminal charge.
People that are eligible are people that had a certain outcome in their case.
So those outcomes are pretty narrow and it’s for things that are, that result in the
charges being dismissed. So it could be a charge for anything. It could be petty theft all the way up to murder,
Whether you’re eligible for expunction depends on the outcome of the case. So if you received something called pretrial diversion and you completed it and had the case dismissed, you should be eligible for expungement.
If you were charged and the charges were dropped because the state didn’t have a witness or they didn’t have enough evidence and they dismissed the case and it’s past the statute of limitations, meaning the time frame with which they can bring that case.
If you met those requirements, then you should be eligible for expungement.
Even if you went to trial, you could be eligible for expungement as long as the jury or
the judge found you not guilty and they acquitted you of the charges.
So in those three scenarios, those are the main scenarios that would make someone
eligible for expungement, which is destroying their record.
One more scenario I forgot is like a stolen identity type of situation.
If someone gave the police your information when they were arrested, this happens surprisingly
often with family members. People will give their older brother or older sister’s information
when they’re arrested and that older brother or sister, if they can show that they
were charged wrongfully because it was their little sibling, then that person may be eligible to clear their record through expungement.
If you have any questions or you’re not sure about the outcome of your case, give us a call and we’ll take a look at it for you.