Expungement Attorney in Dallas, Texas

At the Law Office of Sherrod J Edwards in Dallas, Texas, I have met many people who feel that a single mistake from their past continues to hold them back. Whether it’s difficulty landing a new job, renting an apartment, or moving forward in life, a criminal record can become an unrelenting shadow. 

One potential solution is expungement. By legally erasing or “clearing” records, expungement can open new opportunities. But Texas laws on expungement can be intricate. Below, I’m explaining what expungement is, how it differs from non-disclosure, and how it fits into a broader criminal defense strategy. 

If you think your record might qualify for expungement, understanding the process can be a vital first step toward a more promising future.

Expungement in Texas

Expungement—often referred to formally as “expunction” in Texas—is a legal mechanism that completely removes information about an arrest, charge, or certain criminal proceedings from public records. If granted, it wipes the slate clean so that, in most situations, you can lawfully answer “No” when asked if you’ve been arrested or convicted.

Still, not everyone qualifies for an expunction. Generally, you must have been arrested but not convicted, or the charges against you must have been dismissed, or you must have been acquitted at trial (or pardoned after a conviction).

In short, expungement often pertains to cases that didn’t result in a final finding of guilt. If a particular charge ended in a conviction, expungement is rarely an option—though non-disclosure might be. 

Regardless, reviewing the details of your arrest, the outcome in court, and the timeline of events is crucial in deciding whether to pursue expungement or some other path.

Why Expungement Matters

A criminal record, even for minor offenses, can appear on background checks and hamper essential aspects of daily life. Potential employers, landlords, or licensing boards often factor in a prior arrest or charge when deciding whether to accept an application. 

That means people with records might be overlooked for positions they’re fully qualified for or be subject to suspicion. Even a dismissed case can present hurdles if it shows up in a routine search.

In my criminal defense work, I have seen how securing an expunction can allow clients to move forward without constantly explaining or defending their past. Freedom from having to mention an arrest or show a mugshot can reduce shame, embarrassment, or misunderstandings. 

If your primary concern is preserving or restoring your reputation, then a properly executed expungement helps by removing details from official databases. That said, the specifics of each person’s situation matter—a single misstep in eligibility or procedure might prevent success.

Who Qualifies for Expunction?

While the statutes are detailed, here’s an overview of who might be eligible for expungement:

• Arrests without charges: If you were arrested but never formally charged, or if the prosecutors decided not to pursue your case, you might qualify if the waiting period set by the law has elapsed.

• Dismissed charges: When the state files charges but later dismisses them, you may be able to clear those arrest records.

• Not guilty verdicts: If you went to trial and received an acquittal, that typically paves the way for expungement of the relevant charges.

• Pardoned convictions: In rare circumstances, if you were convicted but then received a pardon, you could be eligible to erase that conviction from your record.

Key detail: Non-disclosure (or “sealing” records) differs from expungement. While expungement erases the record entirely, non-disclosure restricts who can view it. Non-disclosure is often possible for certain deferred adjudication outcomes or convictions, but it doesn’t fully remove the record from all systems. 

That’s why verifying your eligibility for expungement itself is crucial. For example, a Class C misdemeanor resolved through deferred adjudication might qualify for expunction under Texas law, but higher-level offenses generally do not.

How Long Must One Wait?

The timing varies depending on the offense’s severity and the outcome of the charges:

• No charges filed: You might need to wait a set period (often at least 180 days for Class C misdemeanors or longer for felonies) to make sure the state won’t still decide to prosecute.

• Dismissed charges: If the dismissal happened due to insufficient evidence or a plea deal that dropped certain counts, the timeline might be immediate or might hinge on final case resolution.

• Acquittal: Typically, once you have a “not guilty” verdict, you can move forward with an expunction petition.

• Pardon: Post-pardon expunction depends on fulfilling whatever conditions apply to your specific case.

Thus, it’s vital to confirm that the statutory waiting period is satisfied before filing. Filing too early can result in a denial, and you’d have to start over later.

Collecting Documentation

A successful expunction application demands thorough records and evidence to back up your claim. I encourage clients to gather:

• Court documents

  • Case dispositions: Copies of dismissal orders, acquittal judgments, or final rulings from the judge.

  • Docket sheets: Summaries showing case progression and final outcomes.

• Arrest records

  • Arrest details: Police reports, affidavits of probable cause, or booking records.

• Proof of identity

  • Driver’s license or other government-issued ID: Makes sure clarity on name and identity for the petition.

• Criminal history checks

  • Personal background check results: These help confirm the accuracy of what’s currently on record.

Having these materials at hand from the get-go helps avoid delays. In my criminal defense practice, I often assist clients by pulling official records from court clerks or law enforcement databases, verifying that each document is consistent and complete.

Filing the Petition for Expunction

Once you confirm eligibility, the next step is filing a formal petition with the district court in the county where the arrest occurred. This petition lays out:

• Personal details: Your name, date of birth, address, driver’s license number, and other identifying information.

• Case details: Charges filed, arrest date, case numbers, and arresting agency.

• Legal grounds: A statement explaining why you qualify for expunction (e.g., dismissed charges, not guilty verdict).

• List of agencies: The public offices that hold records about your arrest or case. These might include the police department, county clerk, or even the Department of Public Safety.

After the petition is filed, a hearing is typically scheduled. The district attorney (and potentially other agencies) can appear to contest the petition if they believe you do not meet the standards for expungement. 

In such instances, you’ll want to be prepared to show that your situation meets all statutory requirements. If the court agrees, it will issue an expunction order compelling all relevant agencies to destroy or delete any records tied to your case.

Potential Challenges and Disputes

Not every expunction petition goes smoothly. Several hiccups may emerge:

• Multiple arrests: If you had multiple arrests close in time or charges from different counties, making sure each is properly addressed can add extra steps.

• Incomplete or mismatched records: Occasionally, the police or courts might record a name or date incorrectly. These errors can cause confusion over whose records are being destroyed.

• Opposition from prosecutors: A district attorney might argue that the arrest is still under possible review or that your charges were not definitively dismissed but rather “deferred.”

• Missing or overlooked documents: A single missing piece—like a final dismissal order—can derail a petition until you produce it.

Sometimes, I, as a criminal defense attorney, must respond to objections or correct misunderstandings. Being thorough from the outset makes these disputes less likely, but if they do arise, presenting a methodical argument and complete evidence can resolve them.

Life After Expungement

If your expunction request is granted, state and local agencies must eliminate the specified records from their databases. In daily life, this outcome means you can typically deny that an arrest ever occurred, and standard background checks or public searches won’t pull up the old case. 

That can be a huge relief for those seeking new employment, professional licenses, or housing without the stigma of a criminal record.

Do keep in mind that while an expungement order is powerful, it doesn’t necessarily erase information posted on third-party websites or personal blogs. It also may not remove news articles that covered the arrest. 

However, official government sources—like the local police station or the Texas Department of Public Safety—cannot share the data further. Thus, while a 100% “clean slate” might not be guaranteed in the digital realm, legal records become sealed, giving you a stronger position when you’re asked about prior arrests.

Considering Nondisclosure as an Alternative

If you can’t secure an expunction—perhaps because the charge led to a conviction or the offense doesn’t meet criteria—nondisclosure could be another avenue. A nondisclosure order, also known as “sealing,” doesn’t delete the record but restricts who can see it. 

State agencies and law enforcement might still have access, but most private employers and the general public cannot. The eligibility rules differ from those for expungement, often requiring you to have completed deferred adjudication and have no additional convictions on your record.

Though nondisclosure isn’t total erasure, it can still substantially reduce negative fallout from a minor or older offense. If you’re uncertain which route best applies, I can evaluate your case in a criminal defense context, checking what’s feasible under Texas law. 

Sometimes, nondisclosure is more realistic if, for instance, the matter ended in a plea of no contest with deferred adjudication.

Professional Guidance

A key reason I stress working with a legal team is that these statutes and procedures can feel labyrinthine. A single misstep—like filing in the wrong county or missing a critical document—can cause months of delay or a denied petition. I also watch for updates to Texas laws that expand or limit eligibility for certain offenses. 

For instance, legislative shifts might allow expungement of certain low-level drug offenses, or they might clarify that a particular traffic offense remains ineligible. By staying current, I help make sure each client is proceeding with the best, up-to-date information.