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General Law

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This article is an introduction to record clearing in New Braunfels. Criminal history background checks have become an everyday occurrence in the digital age. A background check often will be conducted when you apply for a job, get a mortgage, or live in an apartment complex. You may have to reveal your criminal history when you apply for college or graduate school.

How to Get an Expunction

In certain circumstances, you can clear your adult criminal record. For example, if you took a case to trial and a jury found you not guilty, you can have all records from your case expunged. Or, if a court dismissed your charges, you can usually have the arrest record expunged. Suppose you appeal your conviction, and the Texas Court of Criminal Appeals acquits you. In that case, you can have your record expunged. 

A petition for nondisclosure is another way to clear a non-juvenile criminal record. A petition for nondisclosure is only available to those who have completed deferred adjudication. A person who completes deferred adjudication and wins a petition for nondisclosure can have the offense record sealed.

Suppose a judge grants you an expunction or nondisclosure. In that case, you can generally deny that you were ever arrested, except in certain criminal proceedings. So under Texas law, if you expunge a record or win your nondisclosure petition, you may deny that you were arrested or prosecuted on employment, mortgage, or college applications.

Expunction and Nondisclosure Eligibility

A person who completes regular probation is not eligible for expunction or nondisclosure. Furthermore, an expunction or nondisclosure cannot erase other final criminal convictions from a criminal record. For example, a DWI conviction can never be expunged or sealed. If the judge gives a jail or prison sentence, you have a final conviction that cannot be sealed or expunged.

If you are ineligible for expunction and nondisclosure, there are two final ways to try to clear your record. First, you can try to win a pardon from the Governor of Texas or the President of the United States. Pardons are rare and difficult to get. Second, you can file a writ of habeas corpus.

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.