Criminal records are not automatically cleared by themselves. An expunction is a court order issued to law enforcement agencies in possession of your criminal history record information. An expunction order requires any agency in possession of your records to destroy the records in their possession relating to the case that is being expunged. If you obtain an expunction order you may lawfully deny the occurrence of your arrest and in most situations may even deny the existence of the expunction order. An expunction is a powerful tool for clearing your criminal arrest record.
Eligibility for an Expunction
The following are a few categories of people who may be eligible for an expunction:
If you have been arrested for an offense and were acquitted (found not guilty) by a jury or a judge you may be eligible to have the records expunged
If you were arrested and a case against you was never filed in Court
If you were arrested and the case was filed in Court but was later dismissed
Many people believe that if they are placed on deferred adjudication community supervision and successfully complete deferred adjudication they are entitled to an expunction. With the exception of certain Class C offenses, this is inaccurate. However, one may be eligible for an Order of Nondisclosure upon successful completion of Deferred Adjudication. For a more detailed discussion of this issue see the Nondisclosure Orders section of this website.
Contact us today to learn whether you are eligible for an order of expunction.