A Guide on How to Expunge Truancy Charge in Texas

Truancy, which is unexplained absenteeism from school, was considered a criminal offense from the mid-1990s until 2015, when the state officially decriminalized it. However, while missing school is no longer a crime, some still suffer the negative effects of a truancy conviction.

The good news is that they can apply for an expunction to have their criminal record erased, which will allow them to legally deny the offense and enjoy equal access to employment, education, housing, and more.

This article details the process that applicants should follow to remove a truancy offense from their criminal record.

Why Was Truancy Once Considered a Crime?

Truancy, which is described under Section 25.094 of the Education Code, is the act of missing school without a valid reason.

Education is incredibly valuable, and in an effort to get kids to remain in school, the state of Texas implemented a rule that made it compulsory for them to attend school.

The idea behind the criminalization of truancy was that missed time in the classroom would result in lower academic achievement, higher dropout rates, and a growing number of delinquent teenagers.

For many years, the state made it illegal to stay away from school without a valid reason, which meant that those who did not comply were issued fines, required to appear in court, and even given time behind bars.

However, after critics argued against the criminalization of truancy, the law was eventually changed. The rationale behind this change was the negative effect on low-income families.

In response, government agencies issued House Bill 2398 to amend truancy laws. As a result, anyone who was arrested for this crime prior to 2015 will not be eligible to have the record expunged.

Understanding Expunction

The term "expunction" or "expungement" is used to describe a legal process in which a person's criminal record is wiped away. This is intended to free them of the negative effects such records can have.

For example, people with criminal convictions do not have access to the same employment or housing opportunities that other citizens have. They also cannot obtain certain professional licenses or further their education.

Fortunately, an expunction will remove all records pertaining to the arrest and charge from public view. This means that when a potential employer runs a background check, they will not see the truancy offense.

According to the Texas Department of Public Safety, all documents relating to the offense, with the relevant school district and law enforcement agency, should have been expunged. However, if this has not been done, convicts will need to file a Petition for Expunction to have the negative effects of truancy offenses removed from their criminal record.

Who Qualifies for an Expunction?

It's important to remember that with most crimes, only certain criminal convictions or records can be expunged. However, because truancy is no longer considered a crime, all crimes pertaining to missed school, such as arrest records, are eligible for expunction.

To learn more about their options, those who have a criminal record for truancy are encouraged to contact our legal team for more information on how to proceed.

How to Expunge Truancy Charge in Texas

Although seemingly straightforward, the reality is that the expunction process is often intimidating. However, it is important to remember that with the help of experienced criminal defense lawyers, obtaining freedom and equality isn't as out of reach as one might think. Here is a step-by-step guide on how to expunge a truancy charge:

Step 1: Consult an Attorney

Navigating the law can be incredibly challenging. The first step for individuals hoping to erase a truancy offense committed prior to 2015 is to obtain expert legal advice. Sparks Law Firm has many years of experience dealing with expunction cases and can provide dependable guidance.

One of our attorneys will ensure that the applicant meets the eligibility criteria before proceeding with the case. They can also help with how to expunge trespassing charge in Texas.

Step 2: Prepare a Petition of Expunction

Then, with the help of their legal advocate, the candidate will need to prepare and notarize a Petition of Expunction before filing it with the relevant court.

Step 3: Attend the Court Hearing

Upon receipt of the application, the court will then reach out to the applicant and schedule a date and time to meet with them. At the hearing, the person trying to expunge truant conduct charges will have an opportunity to present their case to the judge.

Step 4: Receive a Verdict

Once the hearing is completed, the person will then have to wait to hear whether their criminal charges have been completely removed from public records. If so, the applicable law enforcement agency will be notified, and all records of the offense will be removed.

The Importance of Obtaining Help from a Criminal Defense Attorney

A criminal defense lawyer can help with the expunction of an individual's record. They can offer reliable legal advice and ensure that their client never has to suffer the negative impact of a truancy offense.

Expunction applications are often more challenging than they seem, requiring legal expertise. Attorneys understand the requirements and can help candidates prepare their petitions correctly.

If a court hearing is required, the advocate will offer expert representation, presenting all evidence pertaining to the criminal case and ensuring that the client has a good chance of securing a favorable outcome.

Having a legal representative on their side also offers peace of mind. Rather than having to navigate the process alone, they will have the assurance that a reliable attorney is there to help. They can also assist with how to expunge robbery charge in Texas.

Get Reliable Legal Advice from Sparks Law Firm

Whether the outcome of a truancy case was deferred adjudication or jail time, the good news is that those who were convicted can now have their criminal records wiped clean.

This will prevent private parties, such as landlords and employers, from viewing the charges, thus preventing any discrimination.

Sparks Law Firm offers free consultations to help applicants learn more about truancy and expunction. They can call to schedule an appointment with one of our lawyers.