How to Expunge Fraud Charge in Texas

Many people make mistakes in their lives that they wish they could go back and change. Unfortunately, Texas criminal law is not very forgiving towards offenders. As such, criminal charges often have a lasting impact on a person's life.

However, living under the shadow of a past offense usually has more to do with a lack of knowledge regarding criminal procedure rather than the severity of Texas law. Many people simply do not know the options they have and so end up suffering permanent consequences of a past criminal episode.

This is true regarding a wide range of non-violent crimes, such as fraud. As long as a person meets the eligibility criteria, they should get a chance to expunge their Texas criminal records.

Sparks Law Firm, located in Ft. Worth, is ready to help with that. Call now to set up a free consultation. They can also advise on how to expunge theft charge in Texas.

Impact of a Criminal Record in Texas

Having a criminal record in Texas can impact the life of a person in a wide range of ways. Thanks to the popularity and ease of running background checks in the U.S., it is possible to get a wide range of information about anyone.

As such, people with a criminal record often find it difficult to lease property, obtain paperwork from licensing agencies, secure employment, or even start a relationship. Their past offenses that have become public knowledge keep on coming back to haunt them.

How Long Does a Criminal Record Show up on Background Checks?

A very common misconception in Texas is that a criminal record will go away on its own after a certain period has passed. This is simply not true.

However, a quick visit to the Texas State law library is enough to dispel this misconception. Until a person makes an effort to get their criminal record clear by pursuing an expunction order, some record of their offenses will always be available to the public or to criminal justice agencies.

Furthermore, even dismissed charges that never received a final conviction will stay on a person's record until they are expunged.

The good news is that once a criminal record is expunged, anyone in Texas can legally deny in their job applications or residential leases that the criminal case ever happened.

This, however, does not apply to certain cases, such as an offense involving family violence or when an offender undergoes sex offender registration. For more details about this, our criminal defense lawyers in Fort Worth TX may be able to help.

Can Fraud Be Expunged in Texas?

In Texas, white-collar crimes, such as fraud, generally qualify for expungement. Also in this category are a wide range of misdemeanor offenses, drug cases, felonies, and intoxication offenses.

This offers a chance to start a new chapter in their lives for offenders who, for example, were involved in relatively minor Class C misdemeanors in their youth that never developed into misdemeanor convictions.

Usually, most cases in Texas will qualify for expungement if dismissed without probation without a final conviction. This includes the following crimes:

Driving while intoxicated
Assault
Possession of a controlled substance
Theft
Unlawful carrying of a firearm
Reckless driving
Resisting arrest
Aggravated assault with a deadly weapon
Money laundering
Arson
Burglary
Gambling

This list is far from exhaustive, as many other offenses also qualify. As such, it is always best to approach an attorney with any questions regarding the expungement process in Texas.

What Cases Cannot Be Expunged in the Lone Star State?

There are some cases for which an expunction order cannot be granted. Here, it is important to note that even simple Class C misdemeanors, if they resulted in a conviction in the trial court, may no longer be eligible for an expunction.

Probation cases also fall into this category, along with certain offenses that do not have a statute of limitations, depending on the specific circumstances of the case. The following are a few examples:

Aggravated kidnapping
Murder
Aggravated sexual assault of a child
Manslaughter
Human trafficking case
Compelling prostitution
Indecency with a child

The most important fact to remember is that once a defendant is convicted of an offense, they will no longer be eligible for an expunction.

As such, attorneys need to do all they can to avoid such a situation, whether by fighting the case head-on or opting for a specialty court program or pretrial diversion program. If the offender served in the army, veterans treatment court may be another option.

Seven Factors That Determine Eligibility

According to chapter 55 of the Code of Criminal Procedure, the following are the most common situations allowing expungement in Texas:

The defendant was found not guilty at trial
All charges were dismissed without probation
The criminal charges were dismissed after a pretrial diversion or specialty court program
Charges were dismissed by deferred disposition
A convicted offender was later pardoned by the Governor
The statute of limitations expired before the arrest resulted in charges
After being convicted, the defendant was later acquitted on appeal

New Texas Expunction Laws in 2025

The Texas House Bill 4504, which came into effect on January 1, 2025, has resulted in some important changes to the Code of Criminal Procedure.

At its core, this Bill aims to promote faster justice, fairer police, and a fresh start by opening more doors for people who want their criminal charges expunged.

Deferred Adjudication Community Supervision

It is important to note that while deferred adjudication community supervision, also known as probation, is regarded as a lighter form of punishment that allows offenders to avoid jail time, it still leaves a criminal record in Texas.

This record is not automatically expunged, so it will require a separate process to ensure that the defendant clears their criminal history information.

Need Your Criminal Record Expunged? Call Sparks Law

Getting a criminal record expunged is not always a simple matter. From filing the paper work with the court administration where the case was tried, to going against prosecutor who does not want the expungement to be approved, offenders often need the help of a good lawyer. They can also assist with how to expunge a child endangerment charge in Texas.

Sparks Law Firm has been working with the residents of the Lone Star state for many years and is ready to help anyone with their expungement process. Call and ask to speak to an experienced attorney today.

How to Expunge Fraud Charge in Texas: All You Need to Know