Criminal record clearing through an expunction or an order of nondisclosure is the ultimate goal in all criminal cases.
To expunge means, “To destroy; blot out; obliterate; erase; efface designedly; strike out wholly. The act of physically destroying criminal records in files, computers, or other depositories.” Obtaining an expunction is the ultimate goal in any criminal matter. Chapter 55 of the Texas Code of Criminal Procedure is the legal authority for expunctions in Texas.
Effect of an expunction.
Texas law provides a legal explanation of the effect of an expunction. The law provides that when an order of expunction is final, “the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited and the person arrested may deny the occurrence of the arrest and the existence of the expunction order.” However, “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.”
It is strongly recommended that you hire an attorney familiar with the expunction process. The rules governing an expunction are very complex. A petition for an expunction must be drafted and filed in court. A hearing will be set and procedural rules must be followed. Given the value of an expunction order, the entire process must be done correctly. The last thing you want is to deny the arrest while some of the records exist.