A criminal record can be a major roadblock on the road to a good job, housing, dating, and many other essential areas of life. The good news for many people with criminal records in Texas is that there are legal ways to expunge those criminal records and prevent them from becoming obstacles.
An internet search shows that most attorneys charge between $1,000 and $3,000 to perform an expungement in Texas, and that doesn’t include filing fees and court costs, which often exceed $300.
The two main ways to delete a record are through expungement.[1] or non-disclosure orders. These two legal remedies are more commonly called expunging and sealing records. “The eligibility requirements are different for everyone, but the benefits are very similar,” says attorney Mathew Higbee, whose law firm has handled hundreds of records clearing cases in Texas and thousands across the country.
“Pruning and sealing records are effective ways to help someone with a criminal record move on with their life,” Higbee said. While dealing with the court system and the legal process can be frustrating, Higbee says the average person can do it themselves. “It takes a lot of time, patience and willingness to make a few mistakes and not give up,” Higbee said.
1. FIND OUT IF YOU ARE ELIGIBLE FOR RECORDS EXPUNGED OR SEALED
Determining what relief, if any, a person with a criminal record is eligible for can be a bit tricky for someone with no legal experience. However, many websites, such as the one operated by the Higbee Law Firm, offer a free online eligibility test. Many attorneys will provide a free initial consultation over the phone. Both options can provide a free response and have no obligations associated with them.
According to Daniel Harris, who publishes an ex-offender takedown site in Texas, some crimes are never eligible for expungement or records sealing: “Unless you get a pardon first, any crime that ended in probation, probation, prison, or jail will not be eligible.”
EXPERT ADVICE. If your case needs to be pardoned before you apply for expungement, Pardon411.com has free information on how to apply for a pardon in Texas, including where to get free help.
2. GET THE RIGHT FORMS
Expungement and records sealing are done in the court where the case occurred (or, in the case of an expungement, would have occurred). Most courts have forms and sometimes instruction packets for filing your own cancellation and nondisclosure. Even better, many courts have the forms online for free. If the form is not online, you can go to the courthouse and pick up a copy, or call and have one mailed to you.
3. GET YOUR CASE INFORMATION
Completing the forms provided by the court will require entering information about your arrest and court case, if there was one. There are a few sources of criminal history information in Texas. Sometimes, especially with older cases, a person must consult multiple sources to find all the necessary information. The primary source is the Texas Department of Public Safety. Texas law gives a person the right to have the Texas Department of Public Safety obtain a copy of their criminal record. [2] Getting the record from DPS costs about $24.95 and requires you to be fingerprinted. Instructions for obtaining fingerprints and obtaining the TXDPS report can be found on the TXDPS website.
If your TXDPS report does not have all the information needed for the forms, you may need to contact the court. Most courts and arresting agencies in Texas do not provide information over the phone or online, so the person is left with the option of making a written records request (which can cost $10-$20) or go to court or to the arresting agency. to review the documents in person.
4. REVIEW OF YOUR DOCUMENTS BEFORE SUBMITTING THEM
This is a critical step. Failure to properly review your documents prior to filing can result in incomplete or inaccurate forms being filed, which can then result in the court returning your petition, costing you valuable time and sometimes money (courts sometimes they keep the filing fees).
EXPERT ADVICE. Have a friend or family member review your documents to make sure they are complete and accurate. Or, better yet, contact a legal aid center or public defender’s office and ask if they can take a few minutes to review your forms before submitting them.
“Texas has many outstanding sources of free or low-cost legal assistance,” says Daniel Harris, an employment counselor who helps ex-offenders in Texas. “These sources aren’t always quick, but a patient person can usually find good, low-cost or free help in Texas,” Harris said.
Free or low-cost sources of legal assistance in Texas:
Legal Assistance of Northwest Texas
Program Phone: (817) 649-4740
Legal Assistance: (800) 955-3959
Lone Star Legal Assistance
Program Phone: (713) 652-0077
Legal Assistance: (800) 354-1889
Texas Legal Help RioGrande, Inc.
Program Phone: (956) 447-4800
Legal Assistance: (888) 988-9996
Texas Indigent Advocacy Commission
866.499.0656
5. OBTAINING THE COURT HEARING DATE
Once you have filed your request for cancellation or nondisclosure, the court will notify you by mail when your court hearing date will be. If you do not hear from the court within 14 days of filing your petition, call them or visit the court and ask when you will be notified of the court hearing.
EXPERT ADVICE. If you do not receive notice of your hearing date within the estimated time, the court and keep calling them every two weeks until you receive your hearing date. You do not want to miss your court date because the hearing notice got lost in the mail.
EXPERT ADVICE. If you have the option of choosing a date for your hearing, Higbee says to pick a Friday. Court staff and judges are generally in a better mood on Fridays. “It’s a simple fact: everyone is happy on Friday,” Higbee said.
6. WAITING FOR THE HEARING
The hearing is more than a formality. The judge often has considerable discretion as to whether or not he grants your request to expunge or seal your record. Be prepared to tell the judge how removal will help you and your family. Common reasons judges like to hear are (1) clearing your record will help you get a job for which you are trained and qualified, (2) it will increase your chances of being approved for a professional license, and (3) increase your chances of being accepted into a school or training program.
Also, be prepared to answer questions about any arrests or run-ins with the law that may have occurred recently. Of course, always be courteous, respectful and punctual.
Getting a criminal record cleared in Texas can be a life-changing experience. While it may be easier and faster to have a licensed attorney handle the matter for you, those who cannot afford to hire an attorney should not be afraid to take these steps and do so. themselves.
[1] Texas Government Code Section 552.023.
[2] Texas Code of Criminal Procedure Section 55.01