In Texas, criminal defendants are entitled to have some of their records expunged under very limited circumstances.
Generally, this only applies to arrest records, when the arrest did not lead to a conviction. If you were convicted of a crime, your arrest record may be expunged if you are later pardoned, or if the Court of Criminal Appeals overturns your conviction.
You may also expunge an arrest record if the charges against you are dismissed before trial for a lack of probable cause. This means they must have been filed based on mistake or false information. But if the charges are dismissed for insufficient evidence, then you are not entitled to have the arrest record expunged.
Once your arrest record has been expunged, the expunged information may not be disclosed or used by anyone, for any reason. Once the arrest is expunged, you can deny the existence of the arrest, except when questioned under oath in a criminal proceeding. Even then, all you are required to say is that the arrest has been expunged, and no more.
A criminal law lawyer can help you make your criminal convictions confidential. He can also help you navigate the legal system and represent you in court.
Last Modified: 03-04-2014 11:45 AM PSTLaw Library Disclaimer
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