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Legal Help for Expungement of Criminal Records in San Antonio

An expungement is a case in which an offender, usually a first-time offender, convicted of a crime attempts to seal a criminal record. When a record is sealed, it can no longer be accessed through repositories of state and Federal crimes.

Criminal and Arrest Records

A criminal record is a record created when a person is arrested for a crime. Access to criminal records is limited, but those with a need-to-know, such as employers and lenders, may access potential employee and client criminal records for a fee.

Criminal records are also colloquially referred to as arrest records, but the information contained within the record is kept far beyond the scope of arrests.

Criminal records are kept by various law enforcement agencies at a local, state, and federal level. Local records are kept in a state repository which is then included in a federal database once criminal activity reaches a certain level.

Expungement in Texas

In Texas, criminal records can be expunged if the accused was arrested but not convicted of a charge. Expungeable circumstances include:
  • Dismissed Charges

  • Juvenile Misdemeanor Charge

  • Minor Alcohol-Related Offense

  • Failure to Attend School

  • Wrongful Accusation (Identity Theft)

  • Governor’s or Presidential Pardon

  • Acquittal

The state of Texas also allows you to have your record sealed from the public. Those seeking to view your criminal record must receive a court order before the record can be opened.

paperwork

Drug Possession Expungement

Since most drug charges are of a nonviolent nature, expungement of drug-related activity from a criminal record is possible.

Marijuana
Possession of marijuana in amounts small enough to provide doubt of intent to sell are the most easily expungeable offenses. Most first-time offenders are offered an educational program following arrest and can file for expungement after a predetermined period following completion of the program.
Controlled Substances
For drugs that are considered more dangerous by the state, charges will often be felony-level charges and will require a felony expungement. First-time offenders can be offered participation in an antidrug educational program, after which they can file for expungement. However, repeat offenders will have to wait 5-10 years before receiving an opportunity to seal their records.

Felony Expungement

Lower-level felony convictions such as theft or possession of controlled substances merit a greater chance at successful expungement. High-level offenses such as aggravated or sexual assault are more difficult to remove from criminal records and require a much more lengthy process.

Successfully completing probation and paying off all fines are positive signals of rehabilitation for those convicted of a felony. The chance for expungement rises as the court receives more evidence of rehabilitation.

If you have been arrested for a crime and want it sealed from your criminal record, call the law offices of LaHood & Calfas to talk about how we can help you today.

NACDL
SBOT
TX Criminal Defense Lawyer Association
MABA
AICLA