What types of Criminal Cases can I Expunge? When is Expunction Available?

I used to practice in an area where you had the right to have any offense Expunged, even if it resulted in a Conviction.  Obviously it was up to the discretion of the Judge, but a person was afforded the opportunity to clean up their life and move beyond a criminal conviction.  Most common were one-time offenders, who had committed crimes in their youth, typically right around 18-20 years old.  By the time they were 25, they had matured past the typical student/young adult shoplifting offenses, gotten a job, and moved on.  When the Judge saw the person was doing well, with no new offenses, a job, a family, etc..., the record was Expunged.

Texas, however, subscribes to the creed that 'once a criminal, always a criminal.'  Why do I say that?  Because in Texas there is no right to an Expunction on a case that ended in a Conviction.  There are a handful of exceptions or course, such as a person being convicted of underage drinking, which in limited circumstances can be Expunged; but for the most part, once convicted, that offense will remain on your record for your life.

So what can be Expunged? The answer is actually fairly straightforward.  In Texas, a criminal offense can only be Expunged if the case resulted in a Dismissal AND the Dismissal was not the result of a completed Deferred Adjudication probation.  There are a few more questions that need to be asked, such as "did the original arrest result in a final conviction on any reduced or less serious offense?"  If the answer is yes, then you may not be able to Expunge the offense, but more research would be needed.

Expunctions, Motions for Non Disclosure, and Pardons are complex areas of the law, and it's best to talk with a local attorney to find out which options you may have to clear your criminal record.