When a person is arrested for a criminal offense, it leaves a permanent record. This record will show up on background checks related to employment, home rentals, etc. In many cases, these records may be eligible for expunction or non-disclosure, in which the criminal record is thrown out or suppressed.

According to the Texas code of criminal procedure, anyone who has been placed under arrest for a felony or misdemeanor, has the right to have his or her record expunged in the following circumstances:

1. The person was arrested and tried for an offense, but no indictment was presented or if the indictment was presented, it expired or was quashed due to misinformation/mistakes.
2. The person arrested was released and the charges made did not result in a conviction.
3. Preceding the date of arrest, the person has not been convicted of a felony for the past five years.

It should also be noted that a person may have their record expunged if they have been tried for the offense for which they were arrested and convicted, if their charges were later acquitted. However, if the said person is being tried for other offenses, this will not apply, in addition to other certain circumstances.

When the order of an expunction becomes final, the release of any records and files is prohibited, for any purpose, and the person whose records are in question, is not obligated to reveal that such a record existed.

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817.276.6000 : 877.345.6767 | Grand Prairie : Ph 972.642.7900 : 866.380.3369 |
Irving Ph 972.256.6300 | Weatherford: Ph 817.594.5428 | Harlingen: Ph 956.440.0534 | Brownsville 866-678-1900 | Mesquite: Ph 972.682.7868

Bailey & Galyen are Texas Criminal Defense Attorneys defending individuals charged with DUI/DWI, Traffic Violations, White Collar Crimes, Assault & Battery, Weapons Charges, Internet & Computer Crimes and Felonies such as Murder in Dallas, Irving, Fort Worth, Houston, Katy, McAllen, Harlingen, Brownsville, the entire Rio Grande Valley and other cities throughout Texas.