How to Expunge a Child Endangerment Charge in Texas

Having a criminal history affects any person. The worst part about it is that it will haunt them for a long time. Whether they want to look for a new job, meet new people, or find a house, a past criminal offense will always show up in one way or another.

Texas law, however, offers a legal process for those who meet certain criteria. Depending on the case, they may be able to destroy their criminal charges and hide them from the general public. This is a process called "expungement."

While getting a criminal record expungement sounds like a great idea, it's not available for everyone. Certain crimes, such as child endangerment, may not be as simple to tackle.

Below is a breakdown of how someone can get their criminal record expunged and whether it's possible to expunge or seal a child endangerment charge.

What Is an Expungement?

According to Texas criminal law, an expungement (also called "expunction") is a process that allows people to remove a past criminal episode from the public view. It may apply to arrests, charges, or convictions.

What happens when someone expunges their Texas criminal record? In essence, the records won't appear on most background checks. On top of that, the person with the expunged record can deny their "incident" occurred, as it was dismissed by a court.

Expunging a record comes with many benefits for the person. The main one is that they can find jobs more easily, as employers won't be able to use expunged records against them.

In a way, getting a criminal record sealed helps people "start fresh" after going through a difficult time involving a past charge, arrest, or conviction.

Is an Expungement the Same as Sealing a Criminal Record?

While these terms are sometimes used interchangeably, they don't mean the same thing.

Sealing a criminal record (also called "nondisclosure") is another legal process that involves "hiding" it from the public eye.

When someone seals their record, that doesn't mean it no longer exists. It will still appear on certain background checks made by state entities and criminal justice agencies.

If someone gets a nondisclosure order granted, they can deny having a criminal record when looking for housing or private sector jobs. However, they may have to disclose these past events when applying for certain things, such as immigration proceedings or federal jobs.

In a nutshell, expunging a record means the court dismissed the charges or convictions, so they're deleted/destroyed. Sealing the record, however, only hides it from certain people.

Can Someone Expunge a Child Endangerment Charge?

Not everyone can expunge their record. The person must meet specific criteria before even applying. Here's a list of the most important factors that make people eligible:

They had their charges dropped (or the charges were never filed against them).
They were found "not guilty" at a trial or the Criminal Court of Appeals.
They were pardoned.
They were placed on deferred adjudication and completed it (only applies for a Class C misdemeanor).
They completed a diversion or pretrial intervention program, so their charges were dismissed.
They were convicted of "Unlawful Carrying a Weapon" before September 1st, 2021.
They completed a deferred prosecution agreement and got their charges dismissed.

Even meeting all these requirements, however, doesn't mean a person is eligible for expunction. Some charges don't apply.

Someone convicted of child endangerment can't expunge their record.

Here's the complete list of factors that make people not eligible for an expunction:

They were convicted of an offense involving family violence, aggravated kidnapping, human trafficking, child endangerment, or any other act that requires them to register as a sex offender.
They were convicted of any other offense during their sentence (or during the waiting period for the crime they want to seal).

What Alternatives Are Available?

The only way a person could expunge a child endangerment charge is if they:

Were arrested but not formally charged.
Were a victim of identity theft.
Were found "not guilty" at trial.
Got their charges officially dismissed.

In any case, the best way to know for sure if a person can expunge their record is to contact a professional attorney such as our criminal defense attorney in Fort Worth TX. These experts can navigate a person's case thoroughly and determine whether it's worth their time to pursue an expungement order.

About Waiting Periods

It's important to note that expungement processes aren't immediate. Usually, people have to wait for a period between six months and five years. In some cases, there may not be a waiting period involved. Hiring an attorney can help the person clear up any questions they may have.

How to Expunge Child Endangerment Charges in Texas

As mentioned, it's only possible to expunge a child endangerment charge if it didn't result in a conviction or the person was pardoned. While this limits people's options by a lot, it's important to consider the severity of that crime.

Of course, someone who got their charges dismissed may still deserve a chance to get their record expunged. Everything depends on the circumstances surrounding the case and the legal help the person gets.

Below is a breakdown of how people can try to expunge a child endangerment charge in Texas, provided they meet all the criteria specified above:

Check for Eligibility

The most important step is to determine eligibility. After reading the past sections, most people will already have an idea of who can successfully apply for an expunction.

Hiring an attorney can help people evaluate their options faster. Most of the time, expungements are confusing, so it helps to have a legal expert around to clear up any concerns. They can also help with how to expunge federal crime charge in Texas.

Sometimes, people who successfully completed deferred adjudication can file for a nondisclosure for the offense they want to seal. Unfortunately, this process doesn't apply to several crimes, including child endangerment.

File a Petition

If the person is eligible for expunction, they must file a petition in the court where their charges were filed. The petition must include basic information about the case, including:

Case number
Details of the arrest
Agencies involved in the arrest
Reason for the expunction

People may have to pay filing fees/court costs to get their petition delivered to the relevant authorities. Usually, the person will get a hearing scheduled at a later date. In the hearing, a judge will hear more about the case and decide whether to order an expunction for the person.

Ask an Attorney for Advice

Filing for an expungement in a child endangerment case is a delicate process. Those with a conviction for this offense won't have the option to consider an expungement or a nondisclosure. People who weren't formally convicted, on the other hand, may still have a chance.

It may be tricky to tell which options are available sometimes, and that's when an attorney comes in. They can follow the case carefully and give the person a list of options they can consider, if they're available.

At Sparks Law Firm, there's a team of experts willing to help those in Ft. Worth, Texas, who may want to learn more about expungements and child endangerment cases. They can consult on how to expunge fraud charge in Texas as well.

About Child Endangerment in Texas

Learning more about child endangerment as an offense may help people understand which options they may have available at the time of requesting an expunction.

According to the Texas Penal Code (§ 22.041), child endangerment happens when a person places a child under 15 years of age in:

Mental impairment
Imminent danger of physical injury
Death

Many scenarios apply, such as:

Not providing proper supervision to the child in hazardous situations.
Leaving the child in a dangerous place/environment.
Exposing the child to illegal activities, such as drugs.
Allowing the child to watch/witness acts of domestic violence.

There are two types of penalties for child endangerment:

Standard: It's charged as a state jail felony, which involves a punishment of up to two years in jail and up to $10,000 in fines.
Endangerment with Intent to Harm: On the other hand, this is charged as a second-degree felony, which may result in up to 20 years in prison, as well as fines that may go up to $10,000.

Are There Any Other Consequences of Child Endangerment?

Child endangerment charges cause much more than legal consequences. These are seen as collateral consequences, which can affect a person's life thoroughly.

Here are some of them:

They can give the person a criminal record, which prevents them from accessing certain housing options, job opportunities, and loans.
They can cause the person to lose their right to own firearms.
They can influence family court decisions, such as visitation rights or custody.
They can cause the person to lose certain career options that require clean records, such as healthcare, childcare, and teaching.

Is It Possible to Create a Defense Against Child Endangerment?

Yes, it's possible to challenge child endangerment accusations with the help of an attorney. Common defenses include:

False allegations
Misunderstandings
Constitutional violations by law enforcement agents
Accidental injuries
Lack of criminal negligence
Parental right to discipline

Bottom Line

It's tricky to navigate child endangerment cases, especially when it comes to expungements. However, if the charges didn't result in a conviction, the person may still be able to seal or destroy their record.

Navigating these charges with the help of a lawyer is the best option people can take for their case. Anyone interested in learning more can talk to the legal team at Sparks Law Firm to schedule a free consultation.