There are many ways that people end up with criminal convictions on their records. Some people break the law, get caught and then take responsibility. They hope to make amends for their mistakes by serving their sentence and becoming a hard-working, contributing member of society afterward.
Others might plead guilty for the sake of expedience or privacy despite insisting that they did not break the law. They might retain a lawyer who negotiated a plea bargain involving a lesser charge.
Regardless of how an individual ended up convicted of a crime, they have to contend with the lasting impact of a criminal record. Guilty pleas and convictions can permanently alter an individual’s opportunities. In fact, even the record of dismissed charges and arrests can affect people negatively. Thankfully, second chances are available with the right support in some cases.
Expunctions can offer relief
The good news for those dealing with the consequences of a criminal record is that they can potentially remove certain blemishes through expunction. Record clearing or expunction is a court-based process in Texas. Other states refer to similar proceedings as expungement. Expunctions permanently remove information about adult criminal records.
Eligible individuals can petition the courts to seal the records associated with a criminal conviction. After a successful expunction, the state no longer reports the details of an individual’s prior conviction to parties inquiring about an individual’s history.
Generally speaking, expunctions are available for certain situations involving Class C misdemeanors that lead to deferred adjudication. Expunction can also remove records related to scenarios where the state arrested someone but did not file charges.
People can also ask for the expunction of certain records if the state dismissed their pending charges or if they secured an acquittal at trial. Those granted a pardon after a conviction could also be eligible for expunction. People need to wait between 180 days and three years to request an expunction. The duration of the waiting period depends on the severity of the charges filed.
Discussing a criminal record with an attorney who handles post-conviction relief cases could lead to a significant improvement in circumstances. A successful expunction can open up many new opportunities for individuals who have previously faced prosecution in the Texas criminal courts.