Expunctions: Does it Matter Why Your Charges were Dismissed?

Once a prosecutor or judge announces that your charges are dismissed in a criminal case, you likely breathe a huge sigh of relief that you will not have a conviction on your record. However, even having dismissed charges on your record can impact your job and other opportunities. To get rid of the stigma of criminal allegations, you might want to pursue an expunction of your record.

Expunctions are available for some people who have had their criminal charges dismissed – but not all. The reason why your charges were dismissed does matter – specifically because dismissals after serving community supervision do not qualify for expunction.

Deferred Adjudication

In some criminal cases, a judge will delay entering judgment on a case until after you serve community supervision. If you complete your probation, the judge will dismiss your charges. While you were not technically convicted of the offense, it is similar to convictions when it comes to expunction law in Texas, and this disqualifies you from having the record of charges destroyed. Instead, you should look into getting an order for non-disclosure (record sealing).

Dismissals that Can be Expunged

If your charges were dismissed for other reasons, however, you might qualify for an expunction. This includes if:

  • You were arrested but never charged at all
  • You had charges dismissed due to identity theft or law enforcement errors
  • The judge or prosecutor dismissed your case due to entrapment, false evidence, or other miscarriages of justice
  • You were acquitted or found not guilty

Use the free eligibility test now to see if you qualify!

The Gilbert G. Garcia Law Firm will help you determine whether you qualify for an expunction based on your circumstances, and I will handle the process for you.

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