Expunction Attorney in Austin

Most people do not understand that if they have ever been arrested but not charged, if their case was dismissed, or if they were found not guilty, the records of the arrest and of the court case still exist. They are a part of a person’s non-judicial and judicial criminal records. These records are public and will not simply go away over time.

If you or someone you love is in a situation such as this, you need to call the expunction lawyer that people in Austin trust. The Law Office of David D. White, PLLC is an experienced firm in Austin. Having a criminal arrest expunged from one’s record is always in an individual’s best interest. As long as there is an arrest on a person’s record, it can affect his or her ability to get a job, housing, an education, loans and grants, special licenses, promotions, and security clearances.

How Does Expunction Work in Texas?

When it comes to criminal records, the terms “expunging” and “sealing” are often used interchangeably, but there are some differences. “Sealing” is the term used when a court file is hidden from the general public. “Expunging” a criminal record means that the record is completely destroyed, as if the crime never happened.

There are very limited circumstances where the person arrested or convicted must tell someone that he/she has a prior arrest or conviction that has been expunged. Contact The Law Office of David D. White, PLLC to discuss the specific facts of your case and to begin work on expunging your record. Call us today at (512) 369-3737.

Austin Expunction Lawyer

Court and arrest records are usually sealed automatically for juveniles once a juvenile is arrested and a trial or “adjudication” begins. However, juveniles must file a written application to later have their records expunged or destroyed. Arrest and conviction records for adults aren’t usually expunged or sealed after a period of years. Generally, adults must file a written application in court and follow various rules for expunction.
Expunctions are available for certain misdemeanors and non-violent felonies. Conditions that must be met before the request will be considered include the following:

  • A minimum length of time has passed since arrest or conviction.
  • No additional arrests or convictions have occurred.
  • The criminal proceedings were dismissed.
  • You were acquitted or found not guilty after a trial.
  • You were discharged without conviction and no criminal charges were refilled.
  • You were released before formal charges were filed.

Some factors that may contribute to a denial of expunction are:
  • The time period required by law has not been met. (This time period usually does not start until the date of the alleged offense.)
  • A previous expunction exists.
  • An arrest is pending.
  • Additional convictions exist.

Laws regarding expunction may change over time, so you need to call an attorney to accurately state the law. The process is usually complicated and that is why you need to contact an Austin expunction attorney today. Call The Law Office of David D. White, PLLC at (512) 369-3737 FREE for the legal expertise you need.