An arrest creates records that show up in criminal background checks by prospective employers, landlords, and more. This is the case even if you never faced criminal charges, a jury or judge found you not guilty, or the prosecutor dismissed the charges against you. To avoid the negative effects of arrest records in these situations, you may wish to contact a Tarrant County expunction lawyer.
Although expunction is a limited remedy, it may provide relief for individuals arrested but not convicted of crimes. Whether the arrest arose due to mistaken identity or you were acquitted after trial, you may have the right to remove any related arrest records from public view with the help of a skilled criminal defense attorney.
Eligibility for Expunction Orders
A variety of factors can impact the eligibility of certain arrest records for expunction orders. For eligible records, however, Texas Code of Criminal Procedures §55.01 authorizes court orders of expunction, which directs law enforcement agencies and courts to destroy or delete all affected records.
An expunction lawyer in Tarrant County may be able to assess a specific situation and determine whether arrest records qualify for expungement. Individuals may be able to get an expunction order from a court under the following circumstances, with respect to arrest records that resulted in:
- Criminal charges, but a judge or jury found the individuals to be not guilty
- Criminal charges for which a judge or jury found the individuals to be guilty, but they later received a pardon for from the governor
- No criminal charges, and the statute of limitations or a specific waiting period has passed
- Criminal charges that a prosecutor or court later dismissed
Essentially, if the arrest led to a conviction, the ensuing arrest record is usually ineligible for expunction. However, individuals convicted of Class C misdemeanor offenses can seek expunction of any arrest records related to those offenses.
Other Arrest Records Ineligible for Expunction
Aside from the records of arrests that lead to criminal convictions, there are other situations in which expunction is not an option. For example, criminal charges that ended in a sentence of probation or community supervision are ineligible for expunction. If the arrest resulted in charges that the court later dismissed, expunction is not available if the individuals still may be subject to prosecution for an offense that was related to the same episode of criminal conduct.
Furthermore, individuals may only seek an expunction on one occasion. If they successfully receive an order of expunction for arrest records, and then law enforcement authorities again arrest them, those arrest records would never be eligible for expunction. An expungement attorney in Tarrant County may be able to advise individuals about whether expunction is a potential remedy for them.
Let a Tarrant County Expunction Attorney Help
Putting yourself in the best position to advance your career, further your education, or otherwise improve your life typically involves being able to maintain a clean criminal history. A single arrest, even if it never results in a conviction, could cause prospective employers and other decisionmakers to overlook you as a candidate. With the help of a Tarrant County expunction lawyer, you may be able to ensure that this situation does not happen to you.
The world becomes more competitive all the time, and you may find yourself unable to achieve your dreams and goals if you have an arrest record. The expunction process removes the need to explain your arrest and allows you to maintain your innocence. Call today to discuss your eligibility for expunction with a knowledgeable attorney.