If you have a criminal record in Dallas, you know better than most how much of an impact the past can have on your future. From trying to get a job to trying to rent an apartment, everything is made exponentially more difficult with a criminal history. Fortunately, if your crime was not too severe and if an actual conviction did not occur, you may be able to erase said past and move forward with a bright and positive future.
At Udeshi Clark and Associates, our Dallas criminal defense lawyers are dedicated to helping accused individuals fight for their freedom. In some instances, doing just that may come after the trial. If you want to clear your record and improve the outlook of your future, contact our law firm today.
Types of Cases That Qualify for Expunction
In Texas, if you receive an expunction, any records of your arrest would be destroyed and you would be legally allowed to deny that an arrest ever occurred on any rental applications, employment questionnaires, or in a civil court. In short, you could get your life back.
That said, not every case is entitled to expungement. Expunction only applies to cases in which there was no conviction. If any of the following applies to your case, you may be eligible for expunction:
- Your case was dismissed;
- Your case was 'no-billed' by a grand jury;
- You were found not-guilty by a jury;
- You were convicted but later pardoned; or
- Someone else was arrested while impersonating you without your knowledge.
The details of expunction and what types of cases are and are not eligible can be found under Art. 55.01. Right to Expunction.
Deferred Prosecution and Deferred Adjudication Cases
In Texas, there are deferred prosecution and deferred adjudication cases which result in neither a conviction nor a “not guilty” verdict. A deferred prosecution case is a type of dismissal case that typically occurs when a person with a clean criminal history has been charged with a class A or B misdemeanor for a non-violent offense. In such a case, the judge may dismiss the charge entirely. If this happens, the defendant’s case qualifies for expunction.
Deferred adjudication refers to cases in which the judge decides that probation may be sufficient punishment in place of jail or prison time. In these types of cases, probation replaces conviction. For this reason, an expunction is only optional for Class C misdemeanors, the least severe of all crime types. If you were charged any other type of misdemeanor or any level of felony, and if the judge determined that deferred adjudication was a suitable punishment, you would not be eligible for an expunction.
Retain the Help of a Dallas Expunction Lawyer
At Udeshi Clark and Associates, our Dallas criminal defense lawyers understand how devastating an arrest, criminal charge, or almost-conviction can be to your life, and we want to help you pave the way for a brighter future. If you were charged with a misdemeanor or felony in Texas that did not result in a conviction, you may be able to wipe your arrest record clean and start over. To learn more about how we can help you do just that, reach out to our Dallas criminal defense team today.
(image courtesy of Tim Graf)