Houston Texas Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

A Houston Texas Motion to Expunge Criminal Offender Record due to Charges having been Dismissed is a legal procedure that allows individuals who have had their charges dismissed to request the removal of all records related to their criminal offense. This motion aims to provide a clean slate for individuals by permanently erasing their criminal records, which can have a significant impact on their future employment opportunities, housing applications, and overall reputation. There are several types of Houston Texas Motions to Expunge Criminal Offender Record due to Charges having been Dismissed, each addressing specific situations. These may include: 1. General Motion to Expunge: This type of motion is commonly used when individuals want to have their entire criminal record expunged after their charges have been dismissed. It seeks to delete all records related to the case from law enforcement agencies, courts, and other relevant entities. 2. Arrest Record Expungement: Sometimes, individuals may have their charges dismissed before even going to trial. In such cases, they can file a motion specifically to expunge their arrest record, ensuring that any trace of the arrest is completely removed. 3. Juvenile Exp unction: Juveniles who have had their criminal charges dismissed can file a motion to expunge their records. This type of expungement is intended to provide young individuals with a fresh start, allowing them to move forward without the burden of a criminal record. 4. Expungement after Successful Completion of Deferred Adjudication: Individuals who have successfully completed a deferred adjudication probation program and had their charges dismissed can file a motion for expungement. This motion aims to remove all records related to the deferred adjudication, providing individuals with a chance to present themselves as having no criminal history. When filing a Houston Texas Motion to Expunge Criminal Offender Record due to Charges having been Dismissed, individuals must follow a specific legal process. They should consult an experienced attorney, who can guide them through the necessary steps, assist in gathering relevant documentation, and ensure that the motion is properly filed with the appropriate court. It is crucial to include essential details such as the case number, charge, date of dismissal, and any supporting evidence that proves the charges were indeed dismissed.

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FAQ

Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested. A dismissed case will still remain on the defendant's criminal record.

Yes. At the end of deferred adjudication, the court will dismiss the charges without a conviction. However, the offense and sentence of deferred adjudication stays on your record and can show up in public and private background searches.

However, Texas law now allows for some dismissed cases to be expunged early. Misdemeanors may now be granted as early as six months after dismissal if the prosecuting authority agrees to the early expunction.

If the charge is dismissed without any admission of guilt then it will not show up on a background check. This issue is important because when an employer asks about your criminal history on a job application you need to pay attention to the question asked.

Yes. Non-convictions (i.e., acquittals, stayed charges, withdrawn or dismissed charges, and absolute or conditional discharges) still show up on most local police records checks.

The Seven Year Rule So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.

Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)

The only way to remove or update your information from an FCRA background check or regulated website is to contest the accuracy records or provide proof of expungement or sealing. Some employers are allowed to see certain expunged or sealed cases on an FCRA check.

There are also records generated at every court proceeding and prosecution. Even if a case is dismissed, these records do not simply disappear. In Texas, the only way to completely destroy these arrest records is to have the records expunged. But not everyone is eligible for an expunction.

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While the person does not have a final felony conviction, he cannot have the offense expunged or sealed. When you file a petition to have a criminal record expunged, you'll first have to appear before the court.Typically, if you were arrested and charged with crime, and the charges were dropped, you can have the arrest expunged from your record. Texas allows individuals to request an expunction of criminal records. They were arrested for a drug crime but not charged. Most misdemeanor charges will be eligible for sealing. Some people may be entirely unaware they have a criminal record until it shows up on a background check. Expungement of criminal records in Iowa are permitted after 180 days for cases that have been aquitted, dismissed, or deferred.

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Houston Texas Motion to Expunge Criminal Offender Record due to Charges having been Dismissed