State records of an arrest or criminal conviction can haunt people for life. A mistake they made decades ago can turn up when they apply for financial aid to finally finish their degree or a new job. Many people with minor criminal histories want to leave the past behind.
Requesting an expunction or record sealing is one potential path forward. Also known as an expungement in other states, an expunction is an official court order limiting who can view certain criminal records. While police officers and prosecutors may still have access to certain records, details included in an expunction are usually not available to those performing background checks with the state.
Who qualifies for an expunction under Texas state law?
Those never convicted
Sometimes, police officers arrest individuals, but the state never pursues charges. Other times, people may undergo arraignment or indictment, only for the state to dismiss charges before their trial. Others may successfully defend against criminal charges. Those who avoid a conviction can potentially qualify for an expunction under Texas state statutes.
Those who secure a pardon or successfully appeal
In some cases, those convicted of a crime can later prove that the courts misinterpreted the law. Successful appeals can sometimes result in the courts reversing a prior conviction. Those who have appealed may qualify for expunctions. Similarly, individuals who successfully obtained pardons at the state or federal level may be eligible for expunction when executive authority overrides their prior conviction.
Those convicted of juvenile offenses
Some individuals convicted of minor offenses as juveniles are eligible for expunction under Texas state law. They can request that the courts seal the records of their prior offense so that they can move on with their lives as adults.
Those with minor criminal record
In most cases, individuals who plead guilty or get convicted of offenses are not eligible for expunction. However, certain low-level crimes are potentially eligible for expunction. The only actual adult convictions eligible for expunction are certain Class C misdemeanor offenses.
Pursuing an expunction can help people develop their careers, improve their housing opportunities and continue their education. Those who have had a prior brush with the criminal justice system may need help reviewing their records to determine if they may be eligible for expunction, and that’s okay.