IS IT POSSIBLE TO CLEAN UP MY RECORD?

The answer is surprisingly “yes” more often than you would think.    A proper determination of whether you can do this can only be made by someone with experience in these proceedings and knowledge of the parties involved in making a final decision in your case.

Many people find it impossible to get or hold a good job because of some mistake they made years ago.   Computers and the internet have led to the proliferation of databases that make it very easy to maintain and search an individual’s background.   Moreover, businesses and schools are far more sophisticated in researching your past.   Some people have even lost a job over an offense that occurred years before their hiring date with the company.

Several options are available under Texas law to clear up your criminal history.  The most effective means of clearing your record is to file a Petition for Expunction in Civil District Court.   If you are eligible for this procedure, you will be able to erase your case history as if it never occurred.   It is critical that you retain the services of an experienced attorney who understands the intricacies of this procedure to ensure success.   The laws and practices on expunction petitions typically involve a case by case analysis which must be handled by someone with experience.   This process is similar to the Sealing of juvenile records.   For such cases, please see the heading “Juvenile.”

Another procedure, known as a petition for non-disclosure or non-verification may also produce the results you desire.   This procedure does not erase your record, but it effectively seals it from employers and schools.   Under Texas State law, this process also allows you to respond to questionnaires as if the case never existed.

Finally, in rare cases, a constitutional writ of habeas corpus is available to redress past legal error which would otherwise preclude your being able the clean your record.

Only a careful review of the particular facts and circumstances can determine whether you are entitled to any relief.   Please choose your attorney with care.