Expunction - Delete Your Record | Flanigan Law Firm

EXPUNCTION - DELETE YOUR RECORD

Arrested but your case was dismissed?
Mugshot still splashed across the Internet?
People think you have a criminal record?

You were accused and arrested, but your case was dropped or dismissed. There is no conviction or even probation, but your arrest still shows up in criminal background checks. You are not guilty, but everyone assumes you are! You need that arrest off your record!

Texas Law recently changed to allow more people to expunge their record!

Expunction is different than a "non-disclosure" because expunction destroys your criminal record. The difference is that you must have had your case dismissed before you plead guilty or no contest, or were placed on probation.

But, as of September 1, 2021, Texas law specifically allows you to expunge an Unlawfully Carrying a Weapon (UCW), Texas Penal Code Sec. 46.02(a) charge even if you did plea guilty or were convicted for that offense. Since Texas passed "constitutional carry" of firearms, much of the UCW law, as it existed before September 1, 2021, no longer exists. So, if you were convicted under the old law, you may have a right to have it completely expunged. Other than after a pardon, this type of expunction is the only way to get a conviction expunged. [Be aware, though, that if you were convicted for UCW only because you were also charged with another criminal offense, pursuant to Sec. 46.02(a-1), (a-4), or (c), you may not qualify for this expunction.]

In addition, the Texas Supreme Court recently made it easier to expunge certain charges that were dismissed even if you were convicted or served probation for other charges associated with that arrest - something that was not allowed before 2021.

You may qualify for Expunction if your case was:

Acquitted after a trial - You are not guilty and won your trial!
Pardoned after conviction - The Governor pardoned you.
Arrested, but dismissed before charges filed in court - The police arrested you, but the prosecutor dismissed the charges before you were charged by indictment or information in court. If the prosecutor doesn't agree to an earlier time and as long as you have no other felony pending, you must wait to file an expunction:
- 180 days after charged with a Class C misdemeanor,
- 1 year after arrest for a Class B or A misdemeanor,
- 3 years after arrest for a felony.
Arrested and prosecuted in court, but the prosecutor dismissed it - your indictment or information was dismissed before you pled guilty or were put on probation/sentenced. You will need to wait for the Statute of Limitations to pass plus any time during which the indictment or information was filed (since that tolls the running of the Statute).
- The Statute of Limitations are [complete & detailed list here]:
  - 2 years for a misdemeanor,
  - 3 years for many felonies,
  - 5 years for thefts, robbery, and certain other non-sexual felonies,
  - 7 years for certain financial frauds and bigamy,
  - 10 years for certain real estate fraud, government actor thefts, forgery, injury to elderly, sexual assaults, human trafficking, and compelling prostitution,
  - No limitation for murder, manslaughter, sexual abuse and assault of children, leaving the scene of an accident resulting in death, certain human trafficking and compelling prostitution offenses.
Prosecuted, but the case was dismissed because you successfully completed a:
- Veterans treatment court program,
- Mental health court program,
- Pretrial intervention program
Dismissed charges after indictment or information filed because:
- mistake, false information, or other similar reason indicating absence of probable cause
- indictment or information was void
Class C Deferred Disposition - this is one of the few times a court can expunge a case after you have been on probation, but it must have been
- a Class C (traffic ticket or other fine-only offense, usually at a municipal or justice of the peace court), and
- Deferred Disposition that was successfully completed.
Unlawfully Carrying a Weapon (UCW) if convicted under pre-September 1, 2021 UCW law.

Call or email immediately for a Free Consultation.

There are exceptions and qualifications -

an experienced attorney will check your eligibility.

There may be exceptions to these general rules regarding your eligibility. You will need an attorney examine your record and dismissal in detail to make sure you qualify.

If you do qualify, we can start the paperwork that will be necessary to file a petition (a formal lawsuit against the State of Texas) and get it set for a hearing before a judge. A notice needs to be sent to all the government agencies that possess any record of your arrest. Don't leave this important process up to chance - some courts are not forgiving and a mistake may result in your arrest remaining on your record.

Shannon Flanigan is experienced in filing expunction petitions and ensuring your criminal record is not visible. He will answer all your question about whether you qualify and how deleting your record helps you.