Everyday I am asked whether someone is eligible to have their criminal records expunged in the state of Texas. The following is a summary of the laws in the state of Texas concerning expungement and the newer practice called Petition for Non-Disclosure.
For additional information, click here:
Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to destroy all records associated with an arrest and subsequent prosecution. Many times the court will specifically direct law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. In addition, a successful expungement petitioner can legally deny ever having been arrested for or charged with the criminal offense for which he is receiving the expunction.
Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to refrain from disclosing to any third party any criminal records associated with an arrest, prosecution and deferred probation. A successful petitioner can legally deny the existence of his arrest, charge and deferred probation.
The order requires that any third party who buys criminal history information from Texas remove that information from their databases. If these third party vendors do not do so in accordance with the court’s order, they would be subject to civil penalties. Therefore, websites such as PublicData.com would be required by law to remove criminal history information subject to the court’s nondisclosure order or face civil penalties.
Under certain circumstances, you may be eligible to expunge your criminal record under Texas law.
If a case was dismissed by the District Attorney’s office or No Billed by the Grand Jury, you may be eligible to expunge your records.
For felony offenses that were no billed by a Grand Jury (the Grand Jury refused to indict), the same rule applies. The limitations period for felonies ranges anywhere between five years and ten years. However, some felonies such as Murder do not carry a limitations period. Upon the expiration of the applicable limitations period, the felony case can be expunged.
If after a trial on the merits of any criminal offense in Texas the judge or jury returns a not guilty verdict, you may be able to expunge your records.
If you have a Class “C” Misdemeanor on your record, you may be able to expunge it from your record.
Successful completion of deferred adjudication probation is the key to opening the door to a Petition for Nondisclosure. If you successfully completed deferred adjudication, you may be able to expunge your records.
What is deferred adjudication? There are two types of probation. Regular probation is a conviction in that the court actually finds the defendant guilty and suspends imposition of the jail sentence for a period of time. Under article 42.12 of the Texas Code of Criminal Procedure, a Texas Judge can alternatively place a defendant on probation for a period of time and DEFER any finding of guilt unless and until the defendant successful completes the probation. If the defendant successfully completes probation, the court will dismiss the case.
I hope the above will help you evaluate your potential success on your Petitions of Expunction and Petitions for Non-Disclosure.
Dallas criminal defense attorney Michael Lowe is available to help individuals who would like a record seal or expungement. The forms provided in the links above are meant to offer free assistance to indigent individuals. Michael Lowe will not offer additional free assistance beyond what is offered on this website.
**For those individuals seeking an expunction or nondisclosure of their criminal records, Michael Lowe does not give free legal advice by phone. You must schedule an appointment in the office and pay a small consultation fee.
Michael Lowe is Celebrating Over 25 YEARS of Service
With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience.
Michael Lowe, a distinguished defense lawyer with a rich history of representing clients in criminal jury trials across Texas, is deeply honored to be nominated for the prestigious award for Best Lawyer in 2024 by D Magazine.
"I wanted to actually say in writing that my husband and I appreciate everything you did for his case. I told you I do not trust lawyers and you told me that I would trust 1 when this was over."
Wendy Carranza 1 week agoMr. Michael Lowe, did an excellent job and service to my brother in-law Milton. Highly recommended 100% he does as he promised!
Magan Flores 3 weeks agoI can honestly say Mr.Lowe goes above and beyond for his clients… He gets straight to the point and gives you a peace of mind with everything. I know that’s how I felt… I would recommend him to anyone.. Thank you
Wendell Stanford 3 months agoMr. Lowe returned my call and gave me all the information I needed. He was very helpful and kept me from wasting my money. Thank you sir!
R R 7 months agoMy special needs families, listen up! If you find yourself in the shocking and surreal world where your adult child's behaviors related to IDD and mental health trauma are treated as criminal, Michael Lowe is who you call. When I was calling around initially, I found so few lawyers who understood or even cared to try to understand my son's disability and I felt so uneasy talking to them. I can not put into words the level of panic and fear racing through me during this time of utter shock and bewilderment as to the fact it was even happening! But then I spoke to Michael, and I immediately felt peace and knew by his kindness that he understood and I finally felt heard, and I felt hope. Our first meeting with Michael, he put my son with Down syndrome at ease and assured him everything would work out. As a single mom, his empathy and compassion towards my finances were also appreciated as he charged me a flat fee only, and our case took 2.5 years to complete. The goal was always to have the case dismissed and Michael accomplished that goal. My son has now been treated for his mental health, is healing from his trauma and is leading the life he was meant to have. We could not be be more grateful to Michael for his genuine compassion, generosity, gifted strategy and brilliant efforts in insuring this outcome. I never in a million years thought my family would go through something like this, and I had zero awareness until now that our special needs community needed an advocate for our adult kids who suddenly land in the criminal justice system. Since this experience, I have met other families in similar situations with less favorable outcomes and realized even more so how not only valuable, but imperative Michael Lowe and his services are to our community. I hope by writing this review, other families are able to get the help and successful outcome that we did from having Michael Lowe in our corner.
Cesar Ruiz 7 months agoThis guy went above and beyond my expectations. I was burnt out from 2 previous lawyers before him who only sweet talked me and didn’t do a single thing for me. Michael did the opposite, he under promised and over delivered. He helped me on a case that very few lawyers had hope for! Words can’t explain the level of gratitude I have for this man. He truly is one of the best in his field. I have so much respect and love for this man now! Thank you Michael!
