What Kind of Crimes Can Be Expunged?
Expungement, explained
An expungement, also known as an expunction, is a court-ordered procedure that clears an individual’s criminal record. After a person’s record is expunged, the arrest disappears, at least according to the state of Texas. Think of it like an annulment in marriage -- rather than showing a divorce, an annulment erases the marriage entirely, as if it never happened.
Similarly, an expungement destroys the record of the charge. The arrest will no longer show up on background checks, which is especially important for those on the job market or looking to rent housing, which in cities like Austin, Texas, is competitive enough as is. All that said, an expungement is a highly technical process with many specific rules and qualifiers. A criminal defense attorney with experience in expunction law like Chris Perri can help you determine if your case is eligible.
The outcome of a case, not the type of crime, determines expungement eligibility.
Many people wonder what kind of crimes can be expunged: I was charged with an assault in college, I was arrested for possession of marijuana, a cop locked me up for a DWI – can I get this off my record?
The short answer is that any time of crime can be expunged.
Yes, that’s right. Any sort of crime, including DWI, theft, or drug trafficking could potentially be erased from one’s record. Misdemeanor or felony, it doesn’t matter.
It’s not the type of crime that determines eligibility, but rather the case’s final outcome.
If a person’s arrest resulted in a conviction, no matter how menial the crime, then it is legally impossible to expunge the charge. The only remedy for clearing one’s record of a conviction is an appeal or writ. An expunction cannot remove a guilty verdict or an arrest that leads to a conviction. However, in most cases, an expungement can remove an arrest if the case ends with a dismissal. This is why it’s vital to hire a skilled criminal defense lawyer from the start, so that they can do everything in their power to set up your case for later expungement. Again, if you are found guilty in a trial or plea guilty beforehand, you cannot expunge your record. If you were arrested but never admitted guilt, then you should talk to a defense attorney. You may be eligible for an expunction.
Criminal records include both arrests and convictions.
Most people don’t know this, but a criminal record shows both arrest and conviction records. Say you were arrested for a DWI in Travis or Hays County, but a jury then found you not guilty. That initial arrest would STILL be on your record unless you expunged it. It’s common for individuals to assume they have a squeaky clean record if they’ve never been convicted of a crime. However, if a cop has ever booked you, then you probably have a charge that appears on your record when you least want it to. Another misconception: people also often believe that after a certain number of years, an arrest record will automatically disappear. This is simply not true. Maybe you were eighteen when you were charged for a POM in Williamson County, and now you’re forty. The record still holds. That arrest is like a bad shadow following you wherever you go, forever, unless you hire an expungement attorney to clear your good name.
Only case dismissals qualify for expungement.
Sometimes it’s obvious your case was dismissed and thus eligible to be expunged, though often other terms are used that legally mean the same thing. Here are some outcomes where an expungement is possible:
Case dismissal
Trial acquittal
Pretrial diversion
Deferred prosecution
Grand jury issues a "no bill"
However, any conviction outcome—even if you plea to a lesser charge than the original arrest—will block your ability to later expunge. Keep this in mind when plea-bargaining. If you plea guilty, you cannot later expunge the arrest. A knowledgeable criminal defense lawyer in Austin should be able to help you weigh all factors when making case decisions.
The first step to expunging your criminal record:
If you think your record might be eligible for expungement, the first step is to talk to a qualified criminal defense attorney. Serving Travis County, Hays County, Williamson County, and throughout Texas, Chris Perri has over 20 years of helping people expunge their records. In fact, he’s one of the founding supervisors of the University of Texas’ Texas Law Expunction Project.
If you want the best and most experienced lawyer on your side, contact Chris Perri at (512) 269-0260 or visit www.chrisperrilaw.com to schedule a FREE consultation today.