How Can I Prove a Case was Expunged?
An expunction destroys arrest records and also grants a legal right to deny the arrest even happened. A signed and stamped copy of the court order is the only document required to prove an expunction was granted.
However, a bit of deductive reasoning is required to prove that arrest records were actually expunged. First, begin with the premise that the records did actually exist at some time in the past. Second, consider that one specific clerk’s office maintains the records from each specific court. Third, consider that expunction is the ONLY method for destroying criminal records in Texas. Therefore, the records were successfully expunged if the specific clerk’s office that SHOULD have records does not.
Clerk’s Certification That No Records Exist
Each clerk’s office can produce a document stating that no records exist for a given person or case. You should expect to pay a small fee for this service, typically $10 or less. It is important to obtain a certification from the correct clerk’s office. Ask your attorney if you are uncertain which office SHOULD have your records. Documentation from the wrong office is useless because it doesn’t prove anything.
Class A & B Misdemeanors in Travis County, Texas
If the expunged case was a class A or B misdemeanor, obtain a “No Record” letter from the Travis County Clerk’s Office. To request a “No Record” letter, send your name and date of birth to email@example.com.
Felony Cases in Travis County, Texas
If the expunged case was a felony, obtain a “Name Search” letter from the Travis County District Clerk’s Office. Use this online form to search for your case and type “I need a Name Search letter” in the field labeled “Other Information/Instructions.”
NOTE: The DISTRICT Clerk’s Office is entirely separate from the COUNTY Clerk’s office. In Travis County, the District clerk has felony records and the County Clerk has misdemeanor records.
Class C Misdemeanors
The five J.P. courts and the Austin Municipal Court handle the majority of local class C misdemeanors. However, there are also municipal courts in cities like Pflugerville, West Lake Hills, Bee Cave, and City of Lakeway.