Q: Can I get my criminal record expunged or sealed?

In Texas, an expunction removes records of a wrongful arrest and prosecution from your criminal history. You may be entitled to an expunction if your case was dismissed, no-billed by a grand jury, if you were acquitted at trial (i.e., found "not guilty"), if someone else was arrested using your name without your permission, or if you were convicted but later pardoned.

Unless you are one of those rare and lucky souls who has been pardoned by the governor, you are not eligible for an expunction if you were convicted. You are also not eligible for an expunction if you received deferred adjudication for any charge more serious than a Class C misdemeanor. However, you may still qualify for non-disclosure which seals the arrest record from access by the general public.

Like expunction, non-disclosure allows you to legally deny the arrest on licensing and employment applications. Unlike expunction, when an order of non-disclosure is granted, the records are still available to law enforcement, state agencies that issue licenses or certifications, private entities responsible for the safety of children or the elderly, and some private entities that hire employees for security-sensitive positions.

Many people mistakenly believe that arrest records are automatically removed from their criminal history or sealed when a case is dismissed or they've successfully completed deferred adjudication. The truth is that they will remain a matter of public record and show up in pre-employment background checks and online database searches until you get an order granting expunction or non-disclosure from the appropriate court.

If you think you may be eligible for expunction or nondisclosure of a particular charge and your criminal history contains anything else more serious than traffic tickets, then you will probably need an attorney to determine eligibility and review other rules that may apply to you. The law regarding expunctions appears in Chapter 55 of the Texas Code of Criminal Procedure and the law for non-disclosure appears in Article 411 of the Texas Government Code.

I can help you with a petition for expunction or non-disclosure if you were arrested in Travis County or arrested elsewhere for an offense alleged to have occurred in Travis County.