Be sure to first read about Texas Expunction Petitions. Most arrests can be expuncted from an individual's record. For general purposes, such as applying for jobs, an expuncted arrest will not appear on a background check, however there are limitations. Contact the Law Offices of Robert Keates to determine whether you are eligible for a record expunction.

To get started, you'll need the following before a Petition for Expunction can be filed:

1. Complete Texas DPS Criminal History
   (Click here to Download the PDF application and instructions from the DPS Website)

 

EXPUNCTION OF CRIMINAL RECORDS - Art. 55.01. RIGHT TO EXPUNCTION.  (a)  A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (1)  the person is tried for the offense for which the person was arrested and is: (A)  acquitted by the trial court, except as provided by Subsection (c) of this section; or (B)  convicted and subsequently pardoned; or (2)  each of the following conditions exist:

(A)  an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i)  the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or (ii)  the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B)  the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and (C)  the person has not been convicted of a felony in the five years preceding the date of the arrest.

 

Need more info on criminal law legal terms or levels of guilt (meaning the difference
between probable cause and beyond a reasonable doubt)? Click for more information.

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