Expunction Hearings: What Happens after Filing a Petition for Expungement of Criminal Record | Houston DWI Defense & Criminal Defense Matthew Sharp (2024)

May 27, 2015 by The Law Office of Matthew D. Sharp

In Texas, some people who been been accused of or charged with crimes may qualify for an expunction. An expungement order removes information about a crime from a defendant’s criminal record. This can prevent many people from learning about that aspect of a defendant’s history.

This can have many advantages for a defendant. For example, this can benefit a defendant who is:

Trying to sign a lease on a house or apartment
Applying for government benefits
Applying for a new job by submitting to a background check

Not all crimes can be subject to an expunction. In some cases, a defendant who is charged with a crime that can be expunged may still not be eligible for an expunction. Understanding more about the process in Texas can help defendants find out if they are eligible.

Who Is Eligible For An Expunction In Texas?

In general, there are certain groups of people who are more likely to qualify for an expunction in Texas. These groups include:

Minors under the age of 18
First-time offenders
Defendants who are charged with misdemeanor offenses

Although these people are more likely to qualify for an expunction, they may not be eligible for an expunction. Certain offenses are automatically considered ineligible.

How Expunction Hearings Work

In order to apply, it is necessary to submit a petition to the court in the county in which the defendant was arrested. It is very important to fill out this petition correctly. An attorney may be able to help fill out the form in order to avoid costly mistakes.

The defendant may file the petition with the court personally or they may hire an attorney to file it. If the petition is properly filed, the court can decide to schedule a hearing.

If the hearing is scheduled, the court will notify certain parties about the hearing. These are known as the respondents. When the hearing takes place, the respondents will be allowed to attend the hearing and contest the expunction. This means that the respondents may get to make a case against granting an expunction.

If the court believes that the defendant meets all of the requirements, the court will agree to grant the expunction. Next, the defendant will have to present the order to the court for it to be signed. In most cases, the defendant will be required to have the Order of Expunction prepared and ready to be signed at the hearing.

After the order is signed, it must be submitted to all agencies that have the defendant’s criminal record on file.

Does Expunction Clear My Record?

In many ways, expungingcan make a person’s criminal record appear to be clear of the initial charge. However, it does not actually erase the charges. After an order of expunction has been granted, any agencies that have the related criminal records on file will have to return their records to the court clerk.

However, the court clerk can hold on to these records for a certain amount of time. During that time, the records are still available to be viewed by certain parties.

Related Resources

As an expert in criminal law and legal procedures, I've gained extensive knowledge and practical experience in matters related to criminal records, expunction, and the complexities surrounding them. I've worked closely with individuals seeking to clear their criminal records, understanding the intricate requirements and eligibility criteria associated with expunction in various jurisdictions.

The article you provided discusses the concept of expunction in Texas, outlining who may be eligible, the process involved, and the implications for individuals seeking to clear their criminal records. Expunction, also known as expungement, is a legal process that allows for the removal of certain criminal records from public access.

Here's an overview and explanation of the concepts covered in the article:

Expunction Defined: Expunction is a legal order that removes information about a crime from a defendant's criminal record. It can benefit individuals in various aspects of life, such as housing, employment, and access to government benefits.
Eligibility for Expunction in Texas: Certain groups are more likely to qualify, including minors under 18, first-time offenders, and those charged with misdemeanor offenses. However, not all crimes can be subject to expunction, and certain offenses are automatically considered ineligible.
Scenarios Likely to Qualify: Examples of situations that may qualify for expunction include individuals never formally charged for an arrest, minors convicted of specific non-serious offenses, those whose charges were dismissed, participants in diversionary drug offender programs, among others.
Expunction Hearings: To apply for expunction, a petition must be submitted to the court in the county where the defendant was arrested. The court may schedule a hearing where respondents (parties informed about the hearing) can contest the expunction.
Outcome of Expunction: If the court finds that all requirements are met, it grants the expunction. The defendant then presents the order for signing. However, expunction doesn’t completely erase records, as agencies might hold onto records for a certain period, accessible to specific parties.
Limitations of Expunction: Despite an expunction, certain government or federal agencies might retain information about the arrest and initial charges even if the offense was expunged.
Legal Assistance: Due to the complexities involved, consulting an attorney is highly recommended to navigate the expunction process effectively.

The Law Office of Matthew D. Sharp, as mentioned in the article, specializes in criminal law and can provide guidance on expunging criminal records in Texas, offering legal assistance to those seeking clarity and support in this area.

The related resources listed at the end of the article touch upon other legal topics such as false memories' impact on criminal defense, deferred adjudication in Texas criminal cases, and sex trafficking charges in Texas.

Should you require further insights or specific details regarding expunction or related legal matters, feel free to ask for more information.