Are you looking for an attorney to Clear Your Criminal Record in Texas?
If you need to clear your criminal record in Texas, then we want to help you. We understand that having a criminal record can wreak havoc on your career and personal life. Fortunately, there are several different options available to clear arrest records from your criminal record.
RECORD CLEARING: ATTORNEY FAQs
- How much does it cost to clear your criminal record in Texas?
- What is the best way to clear your criminal record?
- What are the record clearing options in Texas?
- Do you need an attorney to clear your record?
- How long does it take attorney to clear your record in Texas?
- How do you remove criminal records?
- What is the process to clear your criminal record in Texas?
Not all record clearing options will necessarily be available to you. As your Texas record clearing lawyer, we must first determine your eligibility for record clearing options. In general, under Texas record clearing law, the type of offense and ultimate disposition of the case impacts your record clearing eligibility more than your subsequent criminal record.
Once we determine what record clearing options you have to consider, we must examine whether any waiting periods apply. Each kind of record clearing option in Texas has a different waiting period. As a result, you may be able to apply for one option immediately while being ineligible to apply for another type of record clearing option for years. However, you will likely trade off thoroughness for speed in those circumstances. Accordingly, if you want to clear your criminal record in Texas, it is absolutely critical that you receive advice from an expert in Texas record clearing law.
Choosing The Right Lawyer to Help Clear Your Criminal Record Can Make A Huge Difference In Your Case Result
Often times, you only have one chance to clear your record the right way. If done incorrectly, you can have records related to an arrest floating around in the public forever. Furthermore, many attorneys do not specialize in record clearing and do not know the most up to date law and strategies. When you only have only one chance to do this right, you want a record clearing lawyer who knows what they’re doing. Not every expunction is the same, and not all record clearing options are equal.
At at Saputo Toufexis | Criminal Defense, we maintain our expertise in record clearing by regularly publishing and practicing in courts across Texas. Attorney Paul Saputo has lectured extensively about record clearing options in Texas, and we have represented hundreds of record clearing clients.
Do you need to clear your criminal record? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
How much does it cost to clear your criminal record in Texas?
Counties typically charge between $200 – $300 in filing fees. Unless you represent yourself, you will also need to pay attorney’s fees, which vary significantly.
Sometimes we can file petitions in municipal or justice of the peace courts. In those cases, you can save significant amounts of money.
What is the best way to clear your criminal record?
The best way to clear your record is through the expunction process because your records are physically destroyed. However, you are usually only eligible for an expunction if you were never convicted or placed on probation. That is until 2021, when the Texas Legislature created an expunction for people convicted of Unlawful Carrying Weapons (UCW) crimes.[1]
If you are not eligible for an expunction, then your next best option to clear your criminal record in Texas is through an Order of Nondisclosure. Under most circumstances, you can obtain a nondisclosure if the court dismissed your case after you completed deferred adjudication probation. In addition, under the new nondisclosure laws, passed in 2021, you can sometimes obtain a nondisclosure if you have only one conviction on your record.
If you were convicted but received straight probation, then you may be eligible for Judicial Clemency. Judicial clemency has the effect of transforming a conviction into a dismissal. However, judicial clemency does not destroy or seal your records in any way. Many people seek judicial clemency to restore important civil rights.
What are the record clearing options in Texas?
Record clearing options include Expunctions, Orders of Non-disclosure and Judicial Clemency. Each method has different requirements and eligibility criteria under Texas law.
If you want to know more about a specific record-clearing option, you can learn more about each option at the following links:
Do you need an attorney to clear your record?
We highly recommend that you obtain the services of an attorney to represent you in clearing your criminal record in Texas. While you can represent yourself, you will usually only have one opportunity to do it correctly. As we explain above, even if you can get a judge to sign an order clearing your record, the order may not include every single record that you need cleared. Consequently, that will have the effect of leaving some records available to the public forever. In addition, you may miss some more comprehensive record clearing opportunities.
In fact, we regularly receive consultation requests from people who filed their own record clearing paperwork and find out years later that something was left off. Sadly, in many situations, there is nothing that we can do. Similarly, some people request consultations with us who got a “volunteer” lawyer or a non-expert lawyer to do the work, and they used some form that was out of date or did not apply to their particular circumstances. In general, if the attorney is using a pre-printed form, you will have problems down the road. We do not recommend that you use the services of a volunteer lawyer at a “record clearing expo” or “expunction expo.”
How long does it take attorney to clear your record in Texas?
We can usually clear your criminal record in Texas in a matter of weeks. Of course, we first need to determine your eligibility. And if any waiting periods apply, you will need to wait until those clear before we can file anything.
How do you remove criminal records?
You can remove criminal records by obtaining an order of expunction. Alternatively, can also hide criminal records from most people by obtaining an order of nondisclosure. Otherwise, you can change a conviction to a dismissal through the process of judicial clemency.
If you need to clear your criminal record in Texas, then you can get started by booking an appointment or calling us to discuss hiring us to help you remove your criminal records.
What is the process to clear your criminal record in Texas?
In general, to clear your criminal record in Texas, you will need file a petition or motion with the court. This involves first obtaining the records related to the arrest and prosecution. Then we can determine who has the records related to the arrest and advise you about which petition or motion to file.
Once we know the strategy that we will take, we will need to draft the petition or motion and file it with the appropriate court. Once we file the paperwork, we will need to contact the attorneys representing the state and determine whether or not they will oppose our request. If they oppose the request, we need to schedule a hearing and convince a judge to sign an order granting the relief that we seek.
Legal References:
^1. See HB 1927, 87th Legislature, Section 4, effective September 1, 2021FALSE
