Who Can Have Their Criminal Record Sealed and Expunged?

Navigating the aftermath of a criminal charge, regardless of the outcome, can be daunting, especially when considering future prospects in education, employment, and housing. In Texas, and particularly for residents in the San Antonio area, understanding the options for sealing or expunging a criminal record is crucial for moving forward. This blog post explores the key differences between having a criminal record sealed versus expunged and outlines who is eligible for each process.

Expungement vs. Record Sealing

At its core, the distinction between expungement and sealing a criminal record is stark. Expungement leads to the complete eradication of the criminal record from public access, essentially wiping the slate clean as if the incident never occurred. Sealing, on the other hand, hides the record from the general public and most background checks, preserving it in a legal and physical sense but limiting its visibility.

Eligibility for Expungement

Expungement eligibility varies significantly from state to state, with Texas offering a clear framework for which individuals can pursue this option. Generally, you might be eligible for expungement in Texas if:

• You were arrested but never formally charged;

• Your case was dismissed without a trial;

• You were acquitted at trial; or

• You were convicted but later exonerated.

These criteria signify the legislature’s intent to allow individuals to clear their names fully in situations where their interaction with the criminal justice system does not warrant a permanent mark on their record.

Eligibility for Record Sealing

For those whose circumstances do not meet the stringent requirements for expungement, record sealing presents a viable alternative. In Texas, record sealing is often more accessible and can apply to a broader range of cases. Eligibility for sealing, or non-disclosure, typically involves:

• Successful completion of deferred adjudication probation; or

• Fulfilling a mandatory waiting period after deferred adjudication.

This path is particularly relevant for cases where the individual has fulfilled their obligations to the court and seeks to limit the long-term impact of their records on future endeavors.

The Role of Legal Assistance

Given the complex nature of expungement and record sealing, securing experienced legal counsel is invaluable. For individuals in San Antonio, consulting with a knowledgeable attorney who understands the nuances of Texas law can make a significant difference in navigating these processes successfully. A lawyer can provide tailored advice based on the specifics of your case, ensure compliance with all procedural requirements, and advocate on your behalf.

Importance of Taking Action

The implications of a criminal record, even for minor offenses, cannot be understated. It can hinder your ability to secure employment, pursue higher education, and find housing. Taking proactive steps to seal or expunge your record, when eligible, can open up opportunities that were previously out of reach and provide a fresh start.

Understanding the distinction between expungement and record sealing is critical for anyone with a criminal record in Texas, especially in the San Antonio area. The path to clearing one’s record is governed by specific legal criteria, emphasizing the importance of seeking qualified legal assistance. For residents navigating these options, the potential for a new beginning underscores the value of exploring whether expungement or sealing may be viable based on individual circumstances.

Are you ready to move forward by clearing your criminal record? Garrison Law Firm is here to guide you through the process of expungement or record sealing. With our expertise, we’ll help you understand your eligibility and ensure the best possible outcome. Call us (210) 545-3850 or fill out our contact form to schedule an appointment.