How to Expunge Curfew Charge in Texas: A Guide

Having a criminal history before becoming an adult can be discouraging and cause many problems later in life. In most cases, the court will give fines (which the parents usually pay), community service, and a driver's license suspension. However, a conviction or arrest can still show up, even after many years.

Everyone needs to understand how to expunge a curfew charge in Texas, what consequences a person might face, and how an attorney can assist. This can also be true for how to expunge underage drinking charge in Texas.

What Is a Curfew Violation?

A curfew falls under age-based laws, and they have them for drunk driving, smoking, and tattoos, too.

Generally, cities and towns are allowed to impose curfews for people under 18 years old. This means that kids must be inside the house and not on the streets after a specific time.

Being convicted of a curfew violation means that the person was outside after the specified time. Typically, the court or a judge will check to see if the child was intoxicated, which can hold more significant consequences.

However, school hours and nighttime curfews don't apply after one turns 18. Others do, regardless of age, such as not being at a park after dusk.

Will a Curfew Violation Go on a Person's Criminal Record?

If one pleads guilty to a curfew violation, they will see a Class C misdemeanor on their records. Usually, there is no jail time, but the fine could be up to $500. Similarly, some court systems will suspend a person's driver's license if they have one, especially for a second or third offense.

Many times, completing a training program or community service is part of the justice system's ruling. This goes on the person's criminal record because they committed a crime.

Sometimes, the court will allow the person to go free, but they're placed on probation. That means if they commit a similar or even a different offense, they could go to jail or have more serious consequences because they didn't follow the law.

The Difference Between Deferred Adjudication and Expungement

Most individuals get confused with some of the legal terms like deferred adjudication and expungement. Here are the definitions:

A deferred adjudication means that a conviction cannot appear on a criminal record. It often involves community service, restitution, and probation.
With an expungement, the criminal record is fully removed from public view. This protects the person's privacy and allows them to find better job/school opportunities. Generally, one must wait five years after the sentence is served, and all fines have to be paid for committing the crime.

Can One Get a Criminal Record Expunged in Texas?

Yes, it is possible to expunge a criminal record in Texas. First, one must determine if they're eligible. That depends on the type of crime and supervisory rules put in place.

Texas offers two community supervision types: Regular and deferred adjudication.

If a previous offense ended in a conviction, the person isn't eligible for expungement. Nondisclosure is their only option.

These situations might qualify for expunction:

Receiving a pardon from the president or governor
Minors being convicted of alcohol-related offenses
Identity theft
Certain juvenile offenses
Being charged and acquitted on appeal
Dismissed charges after one admitted guilt
Being arrested without formal charges being filed

How Long Does One Wait Before Getting an Expunction?

Before filing for nondisclosure or expunction, it's important to realize that one is only eligible after a specific time frame has passed. The waiting periods vary based on the type of crime committed. They are 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony.

It's generally best to wait until the statute of limitations expires before starting a claim. Otherwise, the prosecutor could keep those records on file.

Seven Steps for Expunging a Misdemeanor in Texas

Once the waiting period has ended, one can begin filing for expungement. Here are the steps to do so:

Get a copy of the fingerprint card, found on the L-1 Enrollment Services website.
Obtain a copy of the criminal record from the Texas Department of Public Safety.
Request the expunction forms, fill everything out, and submit them to the district court.
Tell the Texas Department of Public Safety, the arresting law enforcement agency, and the district attorney about the petition.
Ensure that all prerequisites are met. Allow the DA time to evaluate everything and approve.
Present the order to the district court judge to clear the conviction officially.
If the judge approves the claim, they will demand that the criminal records held by the arresting agency, the Department of Public Safety, the prosecutor's office, and the court be destroyed.

Advantages of Misdemeanor Expungement

Completing the steps for expungement can be daunting, and it will likely take a lot of effort and time to clear a person's criminal record. However, this can be beneficial in many ways, such as:

More Job Opportunities

Having a criminal record is often a barrier when applying for work. Even if the person has all the skills needed, employers often run background checks before hiring anyone.

Going through all the applications and interviews is challenging enough. Then, one could be turned away from their dream job because of a past mistake.

Fortunately, expungement can provide more job opportunities because employers won't see anything when they run a criminal background check.

Better Housing Opportunities

Similarly, rental agencies and landlords usually run background checks on potential tenants. If one doesn't have a clean record, the application will generally be refused.

Luckily, expunging the person's criminal record might provide more housing opportunities because landlords won't see anything if they run a background check.

Psychological and Emotional Benefits

Peace of mind is the biggest benefit of expunging a person's criminal record. People won't have to worry about discrimination within the community or legal issues arising because of things that happened in the past.

Why Hire a Lawyer to Expunge a Criminal Record

While the process for expungement or nondisclosure can be daunting, it's worth it in almost all cases. However, the law is very complex, so it's wise to hire a criminal defense law firm in Fort Worth TX who knows what to do and will fight hard to win. They can be helpful in how to expunge trespassing charge in Texas as well.

Sparks Law Firm can help if there is a criminal record that you would like to have concealed or removed from background checks. There are many ways we can take action and assist. Call to set up your free consultation today!

How to Expunge Curfew Charge in Texas: Everything to Know