Russell D. Hunt Sr., Attorney at Law
Free Consultation 254-304-6354

Is expungement an option available to you?

Having an arrest on your record can haunt you long after the criminal matter you stand accused of in Waco is resolved. Such a record can bar you from obtaining certain types of housing, and even potentially interfere with you getting a job. Thus, it certainly is in your best interest to try and have any such action removed from public records. However, not all criminal offenses are eligible for expungement. Knowing which ones are might save you a good amount of both mental and emotional effort. 

According to Section 55.01 of the Texas Code of Criminal Procedure, you are eligible for expungement if you were arrested for a crime and later acquitted, or convicted but then later pardoned. The only exception to the rule of you being acquitted is if you are still subject to another charge stemming from the same alleged criminal episode. You can also have an arrest expunged if, immediately following your release, to criminal charges remain pending and no final conviction in your case is ever reached. 

That may offer some hope in the case of an arrest or pardon, yet what about offenses for which you are convicted? There are other methods that can keep information regarding a criminal offense away from the public. The Texas Department of Public Safety states that certain offenses allow you to complete deferred adjudicated community supervision. Upon your completion, you can then petition the court for an order of nondisclosure. This would prevent criminal justice agencies from making records of your offense public. While not as thorough as expungement, an order of nondisclosure can be particularly effective at shielding your criminal record. Such orders are even expected from requests made under the Public Information Act. 

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Russell D. Hunt Sr., Attorney at Law

425 Austin Avenue
Suite 1202
P.O. Box 726
Waco, TX 76701

Phone: 254-304-6354
Fax: 254-753-8118
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