For more than 40 years, clients throughout Dallas, TX, have turned to the team at Law Offices of Martin J. Rubin for a number of different options. By using the expungement services from our lawyers, you will have the ability to start your life again without having an arrest on your record. Schedule a consultation with us today to discuss the details of your case.
Your Local Attorneys
Clear your criminal record with the services from a team you can count on. At my local firm, I handle nondisclosure and expungement services throughout many Texas counties, including, but not limited to:
- Collin County
- Dallas County
- Denton County
- Ellis County
- Kaufman County
- Tarrant County
- Tarrant County
Understand Your Right to Expunction
Facing an arrest can be scary and stressful for anyone. The situation becomes even worse if you are forced to live with the effects of being arrested for a crime you did not commit. As part of our expungement services, I am happy to discuss your right to this process with you. If you have been arrested for a felony or misdemeanor, you are entitled to have all records relating to the arrest expunged if you meet any of the following:
- You have a jury or non-jury trial for the offense, and you are found not guilty by the trial court.
- If the arrest was for a Class C misdemeanor and the case was never filed, you may be entitled to an expunction after six months.
- If the arrest was for a Class A or B misdemeanor and the case was never filed, you may be entitled to an expunction after one year.
- If the arrest was for a Felony and the case was never filed, you may be entitled to an expunction after three years.
- The case was filed and then dismissed or quashed because you completed a pre-trial intervention program.
- The case was filed and then dismissed or quashed because the case was filed based by mistake, false information or other similar reason indicating absence of probable cause.
- The case against you has been dismissed, you have not been placed on probation, and the statute of limitation has expired.
- You have received deferred disposition for a Class C misdemeanor and the case has been dismissed. Please note that this does not include alcohol cases for minors or Class C assault cases involving family violence.
Regulations Surrounding Expungement
Expungement services can be used for removing information about you that was falsely given by an arrested person who has used your information. However, it is important to remember that in some situations, expunctions are not possible.
Expunctions may be barred if there are felony charges arising out of the same arrest, or if you intentionally or knowingly absconded from the court’s jurisdiction. If the statute of limitations has not expired and you are granted an expunction, the State may request that the law enforcement agency and the prosecuting attorney retain their records about the case if there is reasonable cause to believe that the State may proceed against the person for the offense.
Article 55.03 of the Code of Criminal Procedure provides that when the order of expunction is final:
- The release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
- Except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
- The person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.
The Texas Government Code provides that a person whose criminal history record information has been sealed under the nondisclosure procedure is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.
Cases for DUI, MIC and MIP relating to alcohol offenses can also be expunged.
In order for you to be eligible to expunge the alcohol related offense that you received when you were a minor you can have only 1 conviction or deferred disposition and you must be 21 years of age or older. The expungement is filed in the court of original jurisdiction.
Protecting Your Future
How can expungement services help you over time? If your situation permits nondisclosure and expungement, you will achieve the following:
- You can deny the criminal offense on job applications.
- Potential employees will not be able to see your criminal record (except many governmental agencies can view your history if your case is nondislcosed).
- The public cannot see your criminal history on county criminal databases.
- Internet companies that purchase criminal histories will be informed by the State to remove your record from their databases or face penalties.
- Lending institutions will be more likely to loan you money.
- You can more easily rent an apartment or home.
- It will be easier to do volunteer work.
Contact us in Dallas, Texas, to learn more about your rights with our expungement services. I proudly represent clients throughout Collin, Dallas, Denton, Ellis, Kaufman, and Tarrant counties.