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Having a criminal record can have major effects on the quality of one's life. It limits employment opportunities, prevents the individual from acquiring certain professional licenses, and so much more. Fortunately, those who have been wrongly arrested or charged can have their records expunged.
The first step is enlisting the help of a reliable criminal defense lawyer who can provide the guidance necessary to successfully complete the process.
For case-specific advice, those who wish to begin legal proceedings are encouraged to contact Sparks Law Firm. Our experts can also consult on how to expunge identity theft charge in Texas.
What Is an Expunction?
The truth is that even a wrongful arrest can leave a permanent dent in a person's reputation. Expunction is designed to allow certain offenses to be removed from an individual's personal records. But what is it, and how does it work?
Simply put, expunction is the process of having a criminal record cleared. If it is granted, the arrest, charge, or conviction is not accessible to the public. This can be incredibly beneficial, as a money laundering conviction will show up in background checks, restricting where the individual can live, the educational opportunities available to them, and the kind of jobs they can do.
However, it's important to note that not all offenses can be removed from a person's criminal record.
Eligibility for Expunction: Who Qualifies?
Before beginning this legal process, the first step convicts must take is determining whether they are eligible. Here are examples of cases where records may be expunged:
A conviction that results in a pardon.
Individuals who were charged with a crime were ultimately found not guilty in a trial court.
The Statute of Limitations has passed, which means that the person cannot be punished for the crime.
Offenses listed in the Texas Penal Code Section 46.02(a) for crimes involving weapons that were conducted before September 2021.
Criminal charges that are no longer pending or do not lead to a final conviction.
An individual who is convicted but later acquitted by a court of appeals.
It's important to note that Texas law states that the eligibility requirements are often complex and case-specific. This is why anyone hoping to have a record expunged in Texas should contact an experienced criminal defense attorney. They can also be helpful when questioning how to expunge brandishing charge in Texas.
The Expunction Process: How to Expunge Money Laundering Charge in Texas
Removing a criminal record in Texas is a multi-step process, one that requires knowledge and experience. This is why it is essential that those who are hoping to clear their name contact a reputable lawyer. Here is an overview of the next steps:
Step 1: Determine Eligibility
Before they attempt to have a record expunged, the applicant must ensure that they meet eligibility criteria. They can do this by consulting their legal advisor.
Step 2: Obtain the Criminal Record
The next step involves acquiring the record from the Texas Department of Public Safety (DPS). This is important because it confirms the accuracy of the information used in the petition and can help the individual identify specific charges to expunge.
Step 3: File a Petition for Expunction
A criminal defense attorney will then help the individual prepare and file a petition for expunction. This document is used to inform the court of the person's desire to expunge their criminal record. It's crucial to note that the petition must be filed in the county where the individual was charged.
Step 4: Notify the Relevant Agencies
The applicant must also notify any other relevant parties of their intention to have the record expunged. This might include the prosecutor and law enforcement agencies.
Step 5: Attend a Court Hearing
Sometimes, a court will require that the case be presented before a judge. This step may apply if there is opposition to the petition.
Step 6: Submit the Court Order to the Applicable Authorities
If the expunction is granted, the next step would be sending a copy of the court order to law enforcement and other applicable agencies. The purpose of this is to ensure that they are updated.
Record Sealing: How to Get a Criminal Record Sealed in Texas
Suppose an individual does not qualify for an expunction. In that case, the good news is that they could possibly have the record sealed once they complete deferred adjudication. In order to do this, the person can apply for an order of non-disclosure.
When a criminal record is sealed, only government agencies will have access to it, and the individual will never have to disclose their conviction or arrest.
However, keep in mind that arrest records are only sealed in certain cases, so it is important to seek legal advice to determine eligibility. For more information, our criminal lawyers may be able to help.
What Are the Benefits of Expunction?
Having a criminal record expunged can be incredibly beneficial for a number of reasons.
More Employment Opportunities
Perhaps one of the most noteworthy advantages of having a criminal record expunged is an increase in employment opportunities. Unfortunately, every criminal proceeding will leave a dent in the relevant person's permanent record, and since these records are available to the public, it can prevent people from having access to employment.
When the records are removed from public platforms, it can help convicts take their lives back and move on.
Housing and Professional Licenses
In many cases, housing opportunities are limited for those with a criminal record. That's because people do not want to risk having convicts around. However, when charges are expunged, they will not show up when housing associations conduct background checks. This gives the individual the opportunity to live without being discriminated against.
Additionally, many licensing bodies will disqualify people who have a criminal record. Having their name cleared may allow those affected by them to find a new purpose by obtaining a professional license.
Reputation Restoration
Few things can weigh as heavily on a person's reputation as a criminal record. Fortunately, by applying for an expunction, individuals can effectively prevent an incident from defining them. They can put the crime behind them and move forward without people avoiding them or looking down on them for past mistakes.
The Bottom Line
Having a permanent record removed can be a saving grace for those who want to get their lives back. After all, if they were not convicted of a money laundering crime, there is no need for them to suffer the negative consequences often associated with a criminal offense.
However, the expunction process requires expert guidance to ensure a favorable outcome. Those hoping to clear their name can turn to Sparks Law Firm for proactive representation.
To have a record expunged in Texas, those affected are encouraged to contact us at (817) 381-7846 for a free consultation.
Frequently Asked Questions
1. Will an arrest show up on a background check in Texas?
Yes, they do. There will be a permanent record available to the public even if the charges were dropped or pardoned.
2. How long do misdemeanor offenses stay on a person's permanent records?
These offenses will remain on that individual's personal records permanently. They do not disappear after a certain number of years has passed. This includes Class C misdemeanor offenses. The affected individual will have to file an expunction petition if they want to have it removed.
3. Is it possible to have a dismissed case expunged?
Absolutely. Texas law states that if a charge is dismissed with no probation or deferred adjudication, the person in question can apply for an expunction when the Statute of Limitations expires. If a charge is resolved through a pretrial diversion program, it can be expunged immediately.
4. Do expunged records have to be disclosed?
No, they don't. If a record has been successfully removed from a person's records, they will not have to disclose it when applying for jobs, housing, licenses, etc. This is one of the benefits of an expunction.
5. What is the new Texas House Bill 4504 about?
This new bill, which came into effect on the 1st of January 2025, is designed to offer a number of benefits for Texans. It is designed to improve the criminal procedure, ensuring that cases are resolved more quickly.
Moreover, it requires greater accountability and transparency from law enforcement agencies and is designed to make it easier for individuals to clear their criminal records.
Additional information about this bill can be found here.
6. Is there a waiting period for the expunction of a felony conviction in Texas?
In some cases, yes, there is a waiting period. Those who have had their crimes dismissed without probation must wait three years before they can follow the expunction process. However, if there was a pretrial diversion or acquittal, then the individual can apply immediately.
7. Are all crimes eligible for expungement?
No, not all crimes are eligible. Serious offenses rarely qualify for removal from one's permanent record. Here are a few examples of crimes that may not be expunged in most cases:
Manslaughter or murder
The sexual assault of a minor
Human trafficking
Indecency with a minor
Compelling prostitution
Those who have been convicted of such crimes and want to have these records sealed or expunged can contact our law firm for case-specific advice.
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