Criminal Defense Trial Lawyer
Dallas / North Texas
When you have been arrested for a criminal offense such as Driving
While Intoxicated (DWI) you need an attorney with extensive expertise.
more on Texas DWI...
Misdemeanors are various crimes that do not rise to the level of a felony. Even though misdemeanors carry less jail time than felonies, they
can still be serious charges.
more on misdemeanors...
charged with domestic violence, family violence, child abuse charges, assault and battery...
click here to read more...
A person in Texas can have criminal records erased, or "expunged," under certain circumstances.
more on expunction...
Major Credit Cards
Attorney At Law
5005 Greenville Avenue, Suite 200
Dallas, TX 75206
Expunction of Criminal Records
Dismissal or Acquittal In The State Of Texas
|"Board Certified Criminal Lawyer" and "Former Assistant District Attorney"
A person in the State Of Texas can have criminal records erased, or "expunged," under
certain circumstances. Generally speaking, the person's criminal charges
must have been dismissed, or the person must have been found not guilty
after a trial. Contrary to popular belief, a successfully served deferred
adjudication probation cannot be expunged, except in the case of certain
class C misdemeanor offenses. An expunction order may remove your criminal
record from the arresting agency, the Department of Public Safety, the
court of prosecution, and the prosecutor's office. After the expunction
order is entered, the person can deny the occurrence of the arrest and offense,
as well as the existence of the expunction order.
Nondisclosure of Criminal Records Following Deferred
The Texas Legislature passed a statute allowing someone who successfully
completes a term of deferred adjudication probation to obtain an order of
nondisclosure of criminal records pertaining to the arrest and offense. There
are restrictions on eligibility, focusing on the personís previous criminal
history and conduct between the termination of supervision and the filing of the
petition for nondisclosure. For many misdemeanor offenses, an eligible person
may file the petition immediately upon discharge from the deferred adjudication
supervision. For some misdemeanors, the person may not file the petition until 2
years after the discharge from supervision. Other
misdemeanors require a defendant to wait five years from the date of the
discharge and dismissal of the misdemeanor offense, for example, unlawful
restraint, public lewdness, indecent exposure, assault, deadly conduct,
terroristic threat, disorderly conduct, harassment, unlawful carrying of a
firearm, obstructing highway or other passageway, interference with emergency
telephone call, stalking, and bigamy. During this five year period, the
applicant must not have received anything more than a citation for a fine-only
For felonies eligible to be non-disclosed, the person may not file until 5
year or 10 years after the discharge from supervision.
However, a defendant who completes a deferred adjudication probation is not
necessarily entitled to an order of nondisclosure. A person is not eligible if
he/she has ever been convicted or placed on deferred adjudication for: an
offense requiring registration as a sex offender, aggravated kidnapping, murder,
capital murder, injury to a child/elderly/disabled individual, abandoning or
endangering a child, violations of a protective order or magistrate's order, or
any offense involving family violence.
An order of nondisclosure is very beneficial to a client. A person who receives
an order of nondisclosure may deny having been arrested or prosecuted for the
offense, unless the information is being used against the person in a subsequent
criminal proceeding. It is important to note that an order of non-disclosure
does not require the government to destroy the information. The information may
be released to criminal justice agencies, non-criminal justice agencies
authorized by statute or executive order to receive criminal history record
information, and the person who is the subject of the criminal history
After the order of nondisclosure is entered, the person can deny the
occurrence of the arrest and offense.
Expunction Law Details
Art. 55.01. Right to Expunction, Texas Code of Criminal Procedure
(a) A person who has been placed under a custodial or noncustodial arrest for
commission of either a felony or misdemeanor is entitled to have all records and
files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was
arrested and is:
(A) acquitted by the trial court, except as provided by Subsection (c)
of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the person with commission of a felony
has not been presented against the person for an offense arising out of the
transaction for which the person was arrested or, if an indictment or
information charging the person with commission of a felony was presented, the
indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before the date on which a petition for
expunction was filed under Article 55.02; or
(ii) the court finds that the indictment or information was dismissed or quashed
because the presentment had been made because of mistake, false information, or
other similar reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense or because it was void;
(B) the person has been released and the charge, if any, has not resulted in a
final conviction and is no longer pending and there was no court ordered
community supervision under Article 42.12 for any offense other than a Class C
misdemeanor; and (C) the person has not been convicted of a felony in the five
years preceding the date of the arrest.
(b) Except as provided by Subsection (c) of this section, a district court may
expunge all records and files relating to the arrest of a person who has been
arrested for commission of a felony or misdemeanor under the procedure
established under Article 55.02 of this code if the person is:
(1) tried for the offense for which the person was arrested;
(2) convicted of the offense; and
(3) acquitted by the court of criminal appeals.
(c) A court may not order the expunction of records and files relating to an
arrest for an offense for which a person is subsequently acquitted, whether by
the trial court or the court of criminal appeals, if the offense for which the
person was acquitted arose out of a criminal episode, as defined by Section
3.01, Penal Code, and the person was convicted of or remains subject to
prosecution for at least one other offense occurring during the criminal
(d) A person is entitled to have any information that identifies the person,
including the person's name, address, date of birth, driver's license number,
and social security number, contained in records and files relating to the
arrest of another person expunged if:
(1) the information identifying the person asserting the entitlement to
expunction was falsely given by the person arrested as the arrested person's
identifying information without the consent of the person asserting the
(2) the only reason for the information identifying the person asserting the
entitlement being contained in the arrest records and files of the person
arrested is that the information was falsely given by the person arrested as the
arrested person's identifying information.
Art. 55.03. Effect of Expunction, Texas Code of Criminal Procedure When the
order of expunction is final:
(1) the release, dissemination, or use of the expunged records and files for any
purpose is prohibited;
(2) except as provided in Subdivision 3 of this article, the person arrested may
deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a
criminal proceeding about an arrest for which the records have been expunged,
may state only that the matter in question has been expunged.
Dallas / North Texas Criminal Defense Attorney
"Board Certified - Criminal Law Texas Board of Legal Specialization"
Ward Maedgen - Attorney At Law
|Ward Maedgen practices criminal defense law in the following cities and counties: Dallas,
Arlington, Cedar Hill, McKinney, Highland Park, University Park, Addison, Plano, Richardson, Mesquite, Garland, Irving, D/FW Airport,
Duncanville, Frisco, Carrolton, Allen, Lewisville, Flower Mound, Coppell, Farmers Branch, Forney, Hutchins, Wilmer, Rowlett, Grand
Prairie. Counties: North Texas, Dallas County, Collin County, Denton County, Rockwall County, Kaufman County