A sex crime conviction can follow you for life. It affects employment, housing, and relationships. Many people wonder if they can expunge a sex crime from their record in Texas. The answer depends on several factors. These include whether you were convicted and what type of crime you were charged with. My Dallas Criminal Lawyer helps clients understand their options for clearing their records.
Understanding Expungement in Texas
Expungement is a legal process that destroys your criminal record. When a court grants expungement, it’s as if the offense never happened. You can legally say you were never arrested or charged with that crime. Expungement removes records from public view. This allows you to move forward without the burden of a criminal past.
Many people seek expungement because a criminal record creates barriers. These barriers include employment, housing, professional licensing, and education. Employers often conduct background checks. A sex crime conviction can disqualify you from jobs even years later. Landlords may refuse to rent to you. Professional licensing boards may deny your application. Expungement removes these obstacles by clearing your record.
However, expungement is not available for all crimes. Texas law places strict limits on which offenses can be expunged. Sex crimes face particular restrictions. Understanding your eligibility is the first step toward reclaiming your future.
Why Choose My Dallas Criminal Lawyer
My Dallas Criminal Lawyer has extensive experience helping clients with Texas expungement law. We understand the complexities of sex crime cases. We know the specific eligibility requirements that apply. Our team stays current with Texas statutes and court procedures. This helps us provide you with accurate legal guidance.
We recognize that each case is unique. Whether your charges were dismissed, you were acquitted, or your conviction was overturned, we evaluate your specific situation. We determine your options. We guide you through the expungement process step by step. We handle the paperwork, court filings, and representation. Our goal is to help you clear your record and move forward with your life.
When Sex Crimes Can Be Expunged
Sex crime expungement is possible in Texas. However, only specific circumstances allow it. You must not have been convicted of the crime. If you were convicted—whether by pleading guilty, taking a plea deal, or being found guilty at trial—expungement is generally not available.
Charges Dismissed or Never Filed
If charges against you were dismissed, you may be eligible for expungement. This includes situations where the prosecutor decided not to pursue the case. It also includes cases where the grand jury no-billed the charges. When charges are dismissed, you have the right to petition the court. You can expunge the arrest and charge from your record.
However, if the dismissed charges involved sex crimes subject to sex offender registration requirements, expungement is not available. This applies even if charges were dismissed. Sexual assault, aggravated sexual assault, indecency with a child, and similar offenses cannot be expunged. This applies regardless of the case outcome.
Acquittal or Conviction Overturned
If you were acquitted at trial, expungement is available. However, expungement may not be available if the acquitted offense was part of a criminal episode. Other charges may remain prosecutable in that situation. Similarly, if you were convicted but later proved innocent, your conviction may be overturned. You can then petition for expungement. However, sex crimes subject to sex offender registration requirements remain ineligible for expungement. This applies even when convictions are overturned. An exception exists if the conviction was overturned based on actual innocence grounds and a pardon is granted.
You may also pursue a pardon as a separate remedy. However, a pardon does not automatically result in expungement. You would need to file a separate expungement petition with the court. A pardon restores civil rights. It does not destroy or seal criminal records. Expungement is what actually destroys or seals records.
Sex Crimes That Cannot Be Expunged
Texas law prohibits expungement for certain sex crimes. This applies even if you were not convicted. These offenses are subject to sex offender registration requirements. The law treats them differently from other crimes.
The following sex crimes cannot be expunged:
- Sexual assault
- Aggravated sexual assault
- Continuous sexual abuse of a child
- Indecency with a child
- Child pornography
- Prostitution involving a minor
If you were charged with one of these crimes and convicted—or even if you received deferred adjudication—expungement is not available. This applies regardless of how much time has passed since the offense. The law’s intent is to keep these serious offenses on record. This protects the public.
Alternatives to Expungement
If expungement is not available for your sex crime charge, you may qualify for a non-disclosure order. A non-disclosure order is different from expungement. However, it provides similar benefits.
A non-disclosure order seals your criminal record from public view. Employers, landlords, and the general public cannot access your record. However, law enforcement agencies and certain government entities can still see it. Non-disclosure orders are available in more situations than expungement. This makes them a valuable alternative for many people.
You may be eligible for a non-disclosure order if your charges were dismissed. You may also qualify if you were acquitted. You may qualify if you received deferred adjudication for certain crimes. You may qualify if you completed probation successfully. The specific requirements depend on the offense and the reason your case ended. An experienced attorney can evaluate whether a non-disclosure order is available in your situation.
The Expungement Process and Timeline
The expungement process in Texas involves several steps. Understanding what to expect helps you prepare. It keeps you informed throughout the process.
First, you obtain a copy of your criminal record. You can get this from the Texas Department of Public Safety or the local police department. This document shows the arrest, charges, and case outcome. Next, you file a petition for expungement with the district court. File it in the county where your case was handled. The petition explains why you are eligible for expungement. It requests that the court grant your petition.
After filing, the prosecutor receives notice of your petition. The prosecutor may object or agree to expungement. If the prosecutor objects, you may need to attend a hearing. You present your case to the judge. The judge decides whether to grant or deny your petition. The decision is based on the law and the facts of your case.
If the court grants expungement, it orders all agencies to destroy your records. This includes police records, court records, and any other documents. These documents relate to the arrest and charge. The process typically takes two to six months. The timeline depends on the court’s schedule. It also depends on whether the prosecutor objects.
Frequently Asked Questions
How long does expungement take in Texas?
The timeline varies depending on the court. It also depends on whether the prosecutor objects. If the prosecutor agrees, expungement may be granted within a few weeks. If the prosecutor objects and a hearing is required, the process typically takes two to six months. Some cases take longer if the court has a heavy caseload.
Can I expunge a sex crime if I took a plea deal?
If you took a plea deal and pleaded guilty or no contest, expungement is generally not available. The law requires that you not have been convicted. A guilty plea constitutes a conviction. However, if you received deferred adjudication, you may be eligible for a non-disclosure order in some cases. Most sex crimes are excluded from this option.
Will expungement remove me from the sex offender registry?
Expungement removes your criminal record. However, it does not automatically remove you from the sex offender registry. Sex offender registration is a separate requirement. Different laws govern it. You must petition the court separately to be removed from the registry. Eligibility depends on the specific offense. It also depends on how much time has passed. An attorney can advise you on your options for registry removal.
What’s the difference between expungement and non-disclosure?
Expungement destroys your record completely. After expungement, you can legally say you were never arrested or charged. A non-disclosure order seals your record from public view. However, the record still exists. Law enforcement and certain government agencies can still access it. Non-disclosure is available in more situations than expungement. This makes it a practical alternative when expungement is not possible.
Do I need a lawyer to file for expungement?
You are not required to hire a lawyer. However, having one significantly improves your chances of success. Expungement law is complex. Mistakes in your petition can result in denial. An attorney knows the specific requirements. We can gather the necessary documents. We can represent you at any hearing. If the prosecutor objects, having legal representation is especially important.
Take Action Today
If you have been charged with or convicted of a sex crime in Texas, you may have options. You could clear your record through expungement or a non-disclosure order. These could help you move forward. The process is complex. You don’t have to handle it alone.
My Dallas Criminal Lawyer is ready to evaluate your case. We explain your options. Contact us today for a consultation. Call 214-949-4117 to speak with an attorney who understands Texas expungement law. We are committed to helping you reclaim your future.
