Houston Expunction Lawyers :: The Law Office of Matthew D. Sharp
At some point in their lives many people, for one reason or another, have found themselves under arrest. Unfortunately, even though that arrest was never prosecuted or another less serious charge might have been made, those same people will later find out that they have been denied job opportunities, home mortgages or certain government benefits because the arrest is on their criminal record. In the interest of justice, and under certain conditions, the State of Texas can allow an arrest to be expunged (“removed” or “deleted”) from your criminal record.
Expunging a Criminal Record
In practical terms, when an expunction is granted, the arrest is removed from your record as if the arrest had never happened. Thus, it is unavailable to anyone conducting a criminal background check for any reason. In fact, you are not required even to reveal that an arrest was expunged from your record if asked by a potential employer or property owner.
In the State of Texas you can request that an arrest be expunged from your criminal record if you can prove one or more of seven circumstances:
- If you were found “Not-Guilty” when tried on the charge
- If you were arrested, but never formally charged with a particular crime AND the charge is no longer pending AND you have not been convicted of a crime in the five (5) years preceding the date of the arrest that you want to expunged
- If you were formally charged with a crime but the court dismissed your charge AND the statute of limitations for your charge has expired AND you have not been convicted of a crime in the five years preceding the date of the arrest that you want expunged.
- If you were convicted but later pardoned by the Governor of the State of Texas
- If you were convicted at trial level, but the conviction was dismissed by the Texas Court of Criminal Appeals.
- If you successfully completed deferred adjudication (an alternative to sentencing on a misdemeanor conviction charge).
- If another person used your identity when they were arrested, leaving you with a criminal record.
The expunction of an old arrest from your criminal record can relieve you of the social burdens imposed on you because of your record. Although expunction can have many benefits, the legal process of obtaining such an order is both tedious and strict. Should you wish to have an arrest expunged from your record, you should contact the Houston criminal defense attorneys at The Law Office of Matthew D. Sharp.
Contact The Law Office of Matthew D. Sharp
The attorneys at The Law Office of Matthew D. Sharp will combine their years of legal experience with their knowledge of the Texas Criminal Justice System in order that you may avail yourself of the benefits of having your record expunged. For assistance with your expunction request, or in any other matters related to criminal defense law, remember that the staff at The Law Office of Matthew D. Sharp is always ready to personally attend to the details of your case.