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CAN CONVICTIONS COME OFF MY CRIMINAL RECORD?

General Law

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People often ask me, “Can convictions come off my criminal record?” Here is an introduction to what arrests in Central Texas cities like New Braunfels, San Marcos, and Seguin can and cannot be deleted from a criminal record:

You may be eligible for expunction, which completely erases a Texas arrest, if:

  • The State dismissed the charges without any punishment.
  • You were found not guilty after a trial.
  • You received a pardon from the Governor of Texas.
  • You completed deferred adjudication on a Class C misdemeanor like public intoxication or possession of drug paraphernalia. The State usually prosecutes these offenses in municipal and Justice of the Peace courts.

You may be eligible for nondisclosure (sealing of your record) if:

  • You completed deferred adjudication on specific Class A or Class B misdemeanors or
  • You completed deferred adjudication for certain felonies, and five years have elapsed.

Note: Both expunctions and nondisclosures have other requirements. Check out my record-clearing guide for more information.

What CAN NOT come off your criminal history:

  • You received jail time as a punishment. For example, you were arrested for criminal mischief and received ten days in jail.
  • You received credit for time served as your punishment. For example, you were arrested for assault and accepted as your punishment credit for the time you served in jail before making a plea.
  • You paid a fine as your punishment. For example, you were arrested for Class C theft and paid a $500 fine as your punishment.
  • You received straight probation as punishment. For example, you were charged with a DWI and received six months in jail, probated for one year.
  • You received prison time as your punishment.

Contact me for a free case review if you want to clear a criminal record in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.