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Does every conviction qualify for expungement?

| Apr 16, 2021 | Criminal Defense

If you meet the qualifications, you might be able to get certain convictions expunged from your record in the state of Texas. When you expunge a conviction from your record, you’ll be able to move on with your life as if the conviction had never happened. However, not all crimes can be expunged.

Which crimes are not eligible for expungement?

Typically, violent crimes are not eligible for expungement. This might include domestic violence or assault charges. Every case is different, so you could still consult a criminal defense attorney to see if you qualify. However, expungement usually applies to lighter crimes like shoplifting or drug possession.

If a judge convicted you of a sex-related crime, you probably won’t be eligible for expungement. In particular, this applies to sex offenses that required you to join the sex offender registry. Additionally, you might have to wait a certain period of time before you can apply for expungement. Your expungement attorney could tell you how long you have to wait before you can try to get the conviction taken off your record.

You might not qualify for expungement if you rack up another criminal offense during the waiting period. However, this usually doesn’t apply to minor traffic offenses. You could still apply for expungement later in life, but your waiting period might essentially reset after your latest conviction.

What happens if you do qualify for expungement?

If your attorney says that you qualify for expungement, they could help you file your request with the local court. You might have to pay a fee to petition for expungement. Once the court grants your request, the conviction will fall off your record. Past reports about the conviction might still exist, but you’ll have a clean slate again.

When you apply for a job, you won’t have to report an expunged conviction. If you don’t qualify for an expungement, you might qualify for a nondisclosure that still keeps employers from seeing the conviction on your record. Talk to an attorney to see if you qualify.