Houston Expunctions of Criminal Records – EXPUNCTIONS
If The Haggard Law Firm obtains a Dismissal or Not Guilty trial verdict in your case, you may be eligible for an Expunction.
What is an Expunction?
An Expunction is a civil lawsuit to obtain the deletion of all computerized and paper references to your name and the referenced charges, including the arrest. We sue for this expungement in the county and state agencies which carry this information.
How long will an Expunction take?
About 3 months.
Are payment plans available?
Yes, we offer 2, 3 & 4 month payment plan options.
Will I have to go to court?
No court appearances on the part of the client are necessary. We send out informational emails keeping our clients informed of the process & status & email or mail copies of all documents.
Will I have to come into the office to get started?
No. We can handle everything via phone, fax or email.
Does the attorney who obtained the Dismissal have to do the Expunction?
No. If another firm obtained your Dismissal we can still handle your Expunction [where eligible]. To find out whether or not your case is eligible for an expunction, call our office.
Can I get my Deferred Adjudication case expunged?
The Dismissal that comes after a Class A or B Misdemeanor Deferred Adjudication probation does not qualify for an Expunction. However, this type of dismissal may be eligible for sealing through a Motion for Non-Disclosure.
For more information on Sealing/Non-Disclosures click here.
Is there a waiting period before I can start my Expunction?
After a Dismissal or Grand Jury No Bill usually no waiting period – we are almost always able to get the waiting period waived. (2 years from date of arrest for Misdemeanors & 3 to 5 years for Felonies). There is an exception for Family Assault cases – these have a 2-year waiting period that we are usually unable to get waived.
After Pre-Trial Diversion/Intervention or DWI PTI – there is a 2-year contractual waiting period from the date of Dismissal before we can file for your Expunction. No way around this one.
After a Not Guilty verdict – we either begin an immediate expunction in the courtroom or file for an expedited one.
What agencies will expunge my records?
DPS, FBI, NCIC, TCIC, (National & Texas Crime Information Centers), & the jail, police & sheriff departments in your county of arrest.
How much are filing fees?
Currently – 2015 – they are about $275. We file electronically which costs a little more but speeds up the process.
Do I have to disclose the arrest or that I have even had a case that has been expunged?
No (unless being questioned under oath). On employment, housing, credit or any other applications you can deny the arrest & the fact of the expunction.
My case was dismissed but refiled & I took a conviction on the refiled case. Can I get the dismissed case expunged?
No because the arrest led to a conviction even if not for the offense you were originally charged with.
What if my expunction is denied?
Other than an appeal there is nothing that can be done; you cannot refile & try again. The most common reason for denial is inaccuracy in the pleadings. We have never had an expunction denied for this or any other reason.
What is the difference between Expunction & Sealing or Non-Disclosure?
Expunction erases your records – they are gone. Sealing only hides them from private employers & the general public. Sealed records still exist & are viewable by law enforcement & state & federal agencies.
I have a case that was sealed. Can I now get it expunged?
No. A sealed case cannot be expunged & vice-versa.
Once my case has been expunged will it show up on background checks?
No, it’s gone, usually within 60 days of the signing of the Order of Expunction.
What happens to my paper records after my Expunction?
They are sent to a warehouse where they are destroyed after one year or you can go pick them up. Picking up your paper files is optional – your case is essentially expunged 31 days after the date the judge signs the Order.
~The Haggard Law Firm accepts selected criminal defense cases in Harris, Fort Bend, Galveston, Brazoria, Montgomery, Matagorda and surrounding Texas counties. Affordable representation; payment plans arranged in some cases. We represent clients in all Misdemeanor Courts, Felony Courts, Juvenile Court and Federal Court.