Expungement can help clear a criminal record, but not all crimes qualify. Texas law is strict about which offenses can be erased. If you have been convicted of a serious crime, it may stay on your record forever. If you are facing charges, understanding whether your offense can be expunged is important. A Frisco theft lawyer can help you determine your options.
Expungement is a legal process that removes a criminal record from public access. If a record is expunged, it is as if the crime never happened. You are not required to disclose it to employers or landlords. However, only certain cases qualify for expungement in Texas.
If your case was dismissed, you were found not guilty, or you completed a pretrial diversion program, you may be eligible. But if you were convicted, expungement is usually not an option. Instead, some individuals may qualify for record sealing (non-disclosure), which hides the record from most background checks but does not erase it.
Crimes That Cannot Be Expunged:
Some crimes are too serious to be expunged. Texas law does not allow expungement for:
Felony Convictions
If you were convicted of a felony, you cannot have your record expunged. Expungement is only available for arrests, dismissed cases, and certain not-guilty verdicts. Once a felony conviction is on your record, it remains unless you receive a pardon from the governor.
Violent Crimes
Any offense involving violence cannot be expunged. These crimes are considered too dangerous to be removed from public records. Examples include:
- Murder
- Manslaughter
- Aggravated assault
- Domestic violence
- Kidnapping
Because these offenses involve harm to others, Texas courts keep them on record permanently.
Sex Crimes
Sex-related offenses are also not eligible for expungement. These include:
- Sexual assault
- Indecency with a child
- Possession of child pornography
- Human trafficking
Sex crime convictions result in mandatory registration as a sex offender. Even if the conviction is decades old, it cannot be erased.
Crimes Against Children
Texas takes crimes against children very seriously. If you were convicted of harming a child, you cannot expunge your record. This includes:
- Child abuse
- Child neglect
- Injury to a child
These offenses remain on a criminal record permanently to protect public safety.
Family Violence Charges
Even if a domestic violence charge was dismissed, it may not be eligible for expungement. Texas law allows prosecutors to keep records of domestic violence cases for future reference. This means even dismissed charges may still appear on a background check.
Alternative Options for Record Clearing
If you cannot get an expungement, record sealing (non-disclosure) may be an option. A Frisco drug crime attorney can help determine if you qualify.
- Non-Disclosure (Record Sealing)
Non-disclosure does not erase a criminal record but hides it from most employers and landlords. Only certain offenses qualify, and you must have completed deferred adjudication. However, violent crimes, sex offenses, and serious felonies are not eligible.
- Pardon from the Governor
A full pardon can allow for expungement, but pardons are rare. You must apply through the Texas Board of Pardons and Paroles, and even then, approval is not guaranteed.
Expungement is not available for all crimes in Frisco. Felonies, violent crimes, sex offenses, and crimes against children cannot be erased. If you were convicted of these offenses, they will stay on your record permanently. However, record sealing or a pardon may offer some relief.
