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Fort Worth Expungement Lawyer

How to Get an Arrest Removed From Your Record

Obtaining a “not guilty” verdict from a trial is a major relief, and while the worst is over, you still have one more step to take before you can put this incident behind you. Regardless of the outcome of your trial, the record of your arrest is not removed from your criminal record. While the record does include the outcome of your trial, and whether or not the case was dismissed, many potential employers, home renters, or other people who can submit a background check on you may only focus on the fact that you were arrested, without reading further into it.

At the Law Office of Paul Previte, we understand how important it is to have your criminal record sealed or expunged to protect your future and allow you to live a normal life. Thankfully, our Fort Worth expungement attorney can help you remove this incident from your record so that it never again gets in the way.

Want to learn more about expungement in North Texas? Call (817) 857-6307 today.

Order of Nondisclosure v. Expungement

There are two ways to remove an arrest from your record: concealment or expungement.

In an order of nondisclosure, the details of your arrest are not “erased” per se’, rather, the arrest is concealed and can only be viewed by law enforcement. This record can still be used against you as a prior offense when determining penalties if you are convicted of a different crime. If you are unable to have your arrest expunged for whatever reason, an order of non-disclosure can prove to be a favorable alternative. Thanks to a relatively new law in Texas, HB 3016—known as the “second chance law”—first offenders that meet certain criteria and complete the terms of their sentencing have the opportunity to have their criminal record sealed from public view through an order of nondisclosure.

Expungement, on the other hand, is a more permanent removal of the arrest, ensuring that no one, not even most law enforcement officials, can find the arrest on your record. However, you can only have your record expunged under certain circumstances:

  • You are acquitted or found not guilty
  • You are pardoned
  • You are convicted by the trial court and then acquitted on appeal
  • Your case is dismissed or there is a motion to quash

There are very rare circumstances where an expunged record can be viewed. For example, if the arrest record becomes relevant evidence for another crime, the details of the arrest may be disclosed to select members of law enforcement.

Benefits of an Expungement

There are many benefits to having your criminal record expunged by filing a petition for expunction. For instance, you may (1) tell employers that you have not been arrested or convicted of a crime, (2) become eligible to obtain student loans, (3) become eligible for housing assistance, (4) be able to successfully obtain a professional license or certificate, (5) tell friends you have not been arrested or convicted, and (6) no longer have to worry about the expunged arrest during a routine background check.

How to Request an Expungement

An expungement does not occur automatically. If you are eligible, you must file a Petition for Expunction with a Texas district court. The petition must contain basic identifying information, as well as the grounds for which you are entitled to expungement. The district attorney and other law enforcement agencies may contest your petition. If it is accepted, a judge holds a hearing and makes a final decision.

Call Today to Find Out How You Can Have Your Arrest Expunged

There is no reason an arrest for a crime you did not commit should haunt you for the rest of your life. Let our experienced and knowledgeable Fort Worth expungement attorney help you clean the slate and start over new. We can help you walk through each step of the process by filling out paperwork, handling any objections from the district attorney, and protecting your rights in court.

Call us at (817) 857-6307 to learn more about expungement and concealment in Texas.

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