Expunging Your Criminal Record

Some three years after the economic downturn, unemployment continues to hover at nine percent nationally. Consequently, the competition for jobs is severe. For those previously arrested or charged with a criminal offense, their prior criminal records often impact their chances of getting hired. Not only has the reeling economy brought attention to the issue, but advances in technology have made it ever easier to complete a background check almost instantly, no matter what state is involved. Those inquiries quickly return information across the country and may make the difference between having a new job and continued unemployment.

As with many states, Texas permits certain criminal records to be expunged (Texas Code of Criminal Procedure, Article 55). The formal term in Texas is called "Expunction", and it is important to note the statute does not apply to all criminal proceedings. However, those arrested for misdemeanors and felonies (with some designated exceptions) may apply to have their records expunged upon acquittal, or after a conviction and subsequent pardon (very rare). Records may also be expunged if criminal charges are dismissed before trial, which is the usual scenario for an expunction.

Once a criminal record is expunged, you may deny the existence of the arrest and all related events – unless you are asked about the arrest or expunction in a subsequent criminal proceeding. This means you can deny the criminal record on any employment application, lease, or financial aid document.

Although the law governing Texas is complicated, it provides significant relief when applicable. If you have a prior case that was dismissed, no-billed, or you were acquitted of the charges, chances are you can seek an expunction. To determine your eligibility for an immediate expunction, please call the Law Office of Nicholas R. Westbrook.

Criminal Defense Attorney Nicholas R. Westbrook

3730 Kirby Drive, Suite 1200A

Houston, Texas 77098

(713) 936-2174