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An arrest record on your criminal record in Texas can cause you a lifetime of problems. As unfair as it is, simply seeing an arrest record can cause employers to deny you a job opportunity or landlords to reject your application. The good news is that an arrest that did not lead to a conviction or other adverse finding does not have to be a life sentence. This video will tell you everything you need to know about having a record expunged in Texas, including some tips that most attorneys don’t know. I am Mathew ZigBee, the founder of RecordGone.com and the law firm’s lead expungement attorney. It is our pleasure to give you some free information and expert advice about expunging your record in Texas. This video will not apply to you if you were convicted; meaning if you were found guilty, pled guilty, or pled no contest. If you received deferred adjudication for a class C misdemeanor, this video does apply to you. If you received deferred adjudication for anything other than a class C misdemeanor, this video does not apply to you, though you may be able to get your record sealed through an Order of Non-Disclosure. Please see our other videos for that. Also, if you previously received a pardon, you are eligible for an expungement. Okay, let’s start with what expungement does Texas expungement results in the destruction of all government records pertaining to the arrest and the court case. The Texas Department of Public Safety also requests that any federal repository, such as the FBI, either destroy or return criminal records related to the case. The court records are going to be expunged by the court within 60 days to one year after the order is signed by the judge. What is expungement? Expungement is a form of relief provided by a court. To obtain this relief, you must file a motion. A motion is a legal document that contains facts, law, arguments, and an order. The motion is filed in the civil court where the arrest or case occurred. While the process can differ by court, at a minimum, you are required to provide a copy of your motion to the court and the prosecuting attorney — this guy. You can also include evidence with your motion if your case was a result of a Class C deferred adjudication. Some judges require a hearing on the matter. If a hearing is held, you or your attorney can attend, present evidence, and make arguments as to why the expungement should be granted. The judge ultimately is the person who decides whether to sign the order to have your record expunged. If the judge signs the order, the court clerk will send the expungement order to the agencies listed on the order. So what does it take to be eligible to have your record expunged in Texas? There are a few ways to be eligible for expungement. First, if your case was dismissed without an adverse finding, such as a conviction or deferred adjudication, you simply need to meet the waiting periods. For misdemeanors, there is a two-year waiting period, and for most felonies, there...
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