Orders of Expunction

Under Texas law, a separate civil lawsuit is generally required in order to obtain an order of expunction. With limited exceptions, this petition for expunction must be filed in the district court in the county in which your criminal case was handled. After a minimum waiting period of thirty days (30) from the date of filing, the court may conduct an evidentiary hearing on your petition for expunction. If the court finds at the hearing that you meet the requirements for an expungement, then your petition for expunction will be granted at that time.

There are many benefits to having your criminal record expunged by having a Texas lawyer bring this civil lawsuit on your behalf. For instance, by having your criminal record expunged:

  • You may tell employers that you have not been convicted of a crime;
  • You may become eligible to obtain student loans;
  • You may become eligible for housing assistance;
  • You may be able to successfully obtain a professional license or certificate;
  • You may tell friends that you have not been arrested or convicted; and/or
  • You will no longer have to worry when someone does a background check on you.

 

Six Basic Types of Expunctions under Chapter 55 of the Texas Code of Criminal Procedure

  • Expungement after an acquittal;
  • Expungement after a pardon;
  • Expungement after conviction by the trial court and acquittal on appeal;
  • Expungement by the prosecution after discovery of false identity;
  • Post-humous expungement for an innocent deceased individual; and
  • Expungement after dismissal or motion to quash. 

 

Expunctions under Other Texas Statutes

Chapter 45 of the Texas Code of Criminal Procedure contains another targeted expunction procedure. Article 45.0216 of the Texas Code of Criminal Procedure addresses the expungement of records of "children," as defined by the Texas Family Code, convicted of certain crimes in adult court before the age of 17.

In addition, Section 106.12 of the Texas Alcoholic Beverage Code has a unique provision that allows for the expungement of an actual conviction for certain Class C misdemeanor alcohol-related offenses.

The Deese Law Firm proudly provides expungement services for individuals located in the Dallas-Fort Worth Metropolitan Area, including all of the following counties: Dallas, Tarrant, Collin, Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall, and Wise.

Call 214.620.0510 to start the process of obtaining your order of expunction to "erase" or "destroy" your Texas criminal record for a reasonable price!