EXPUNCTIONS



Expunctions are a more superior form of record elimination. However, it is limited to whom may obtain an expunction. There are four ways to have criminal records eliminated.


  1. The case is Dismissed or No-Billed
  2. The person was found not guilty of all offenses charged in a trial
  3. A person received deferred adjudication for a Class C offense and successfully completed all conditions of the deferred adjudication.
  4. A certain amount of time has passed without criminal charges being brought against an individual


As in Orders of Nondisclosure, dismissals and No- Bills will require a waiting period or expiration of the Statute of Limitations. For a not guilty finding a person becomes eligible immediately after being acquitted. For Class C offenses a person is eligible once they complete their deferred adjudication period.

 

I cannot stress how important it is to have your criminal records sealed or expunction once you are eligible to do so. The process takes roughly five months to work its way through the court system and many people have lost valuable job opportunities because an employer could not wait for a person's records to be cleared.


One other important thing to remember, for the purposes of immigration, the immigration court does not recognize a criminal record which are sealed or expunged. You will still be required to disclose any offense for which you have been charged.

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