A criminal conviction can follow someone for the rest of their life. In fact, any brush with the criminal justice system is enough to limit a person’s future opportunities. Records of arrests, incomplete charges and other criminal matters can sometimes be the deciding factor for those processing job or rental housing applications.
Educational institutions and social acquaintances might find information about arrests and charges that did not result in a conviction by searching state records online. People with criminal records may struggle to continue their educations or advance their careers.
Those limited by prior criminal accusations may hope to remove the blemishes from their permanent record. In some states, the courts offer expungements. In Texas, those with certain types of criminal records may be eligible for expunctions.
When is an expunction potentially a source of relief for those dealing with the aftermath of a criminal record?
After truly minor criminal charges
The unfortunate reality for those with actual convictions on their record is that expunction isn’t available for most types of criminal convictions. They are only an option for individuals who qualified for deferred adjudication for Class C misdemeanor offenses. Any more serious offense and any criminal conviction resulting in criminal penalties may not be eligible for expunction.
After incidents that don’t result in conviction
Expunction is beneficial for those accused of a crime but never convicted in court. Those arrested but never charged with a crime might be eligible for expunction of their arrest records. In cases where the state brought criminal charges against a defendant but later dismissed them, an expunction could help remove records of their arrest and the unsuccessful criminal allegations brought by the state.
If a case goes to trial and results in an acquittal, the acquitted defendant could be eligible for an expunction. Finally, those who receive a pardon could be eligible for an expunction. There are also record sealing procedures available for those who are not eligible for expunction.
Reviewing different forms of post-conviction relief with a skilled legal team can potentially help those struggling with a prior criminal record improve their circumstances. Expunction of state records is only available in special circumstances but can be a powerful tool for those hoping to improve their lives.