A criminal record can have a major impact on an individual’s life. In fact, a conviction isn’t even necessary in some cases. The record of an arrest or of dismissed charges can affect a person’s reputation and may impact what opportunities they can access.
Some people may be eligible for expunction or non-disclosure of certain criminal records in Texas. Typically, people have to wait to be eligible for expunction.
How long must people wait to be eligible for expunction?
There are multiple waiting periods
The nature of the offense determines how long the defendant must wait to request expunction. In cases involving pardons, overturned convictions and not guilty verdicts, defendants are not subject to a waiting period.
If the offense was a Class C misdemeanor, expunction becomes possible after 180 days. In cases involving arrests or charges for Class A and B misdemeanors, the defendant typically needs to wait a year. Even if the State does not prosecute, the law requires that they wait a year before petitioning for expunction. In cases involving felony charges or arrests, the defendant needs to wait at least three years before they can seek expunction.
Most of the time, only those who avoid a conviction are eligible for expunction. The state can remove records of arrests that didn’t result in charges, charges that didn’t result in convictions and convictions corrected through pardons or other forms of post-trial relief.
People hoping to pursue expunction or non-disclosure of their criminal records may need help. Reviewing a prior criminal matter with a lawyer can help people determine when they may become eligible for expunction.