If you are looking for an experienced San Antonio expunction attorney, the Law Office of Genaro R. Cortez, PLLC can help you clear your criminal record in Bexar County, Texas.
How to get an Expunction in San Antonio
Texas created two options for people with criminal arrests to get their records either erased or sealed. Specifically, an expunction erases your criminal record while a non-disclosure order seals it. If you qualify for either option, then you can increase your chances of finding a job because your arrest records will not show up in a background check.
Expunction Qualifications in Bexar County, Texas (Expunge your Records):
Generally, you are eligible for an expungement in San Antonio if the following three facts are true in your case:
- Police placed you under arrest for a crime and then released you;
- The charge, if any, did not result in a final conviction and is no longer pending; and
- You did not go on probation or community supervision for the crime.
If you meet all three of these requirements, then you are likely eligible to have your records erased in Bexar County, Texas.
Also, the facts listed above are very common. It happens when police arrest a person for a crime, but Bexar County prosecutors later decide to drop the case. If this happened to you, then you should look into getting your arrest records expunged or erased.
Is there a waiting period before you can file for an expunction in Texas?
Yes. If the prosecutor dropped your case without taking any action against you, then the following waiting periods apply:
| Offense Level | Waiting Period | Exceptions |
| Class C Misdemeanor | 180 days from the date of arrest. | No felony charge from the same arrest transaction. |
| Class A or B Misdemeanor | 1 year from the date of arrest. | No felony charge from the same arrest transaction. |
| Felony | Three years from the date of arrest. | If police arrest the person for a felony and misdemeanor crime for the same transaction, then the 3-year waiting period applies to the misdemeanor case. |
Can I get an expunction if I successfully completed a pretrial diversion program in Bexar County, Texas?
Yes. Texas law allows people to get an expunction if they completed the following programs:
- Veteran’s court;
- A mental-health program; or
- A pre-trial diversion program.
Further, these are good options to explore with your defense attorney before you plead guilty or no contest to a crime. If you qualify and complete the program, then you can later ask a judge to erase your records. Nevertheless, the prosecutor has the final authority to approve your request for these programs or alternatives.
What are examples of cases that qualify for Expunctions in San Antonio, Texas?
- Dismissed DWI cases
- Dropped simple drug possession crimes
- Cases where a person completes a pre-trial diversion program
Qualifications for Petitions for Non-Disclosure (Seal your Records)
You are likely eligible for an order of non-disclosure of your criminal records if you completed probation for a non-violent crime.
Expunction vs Petition for Non-Disclosure of your Criminal Records
An expunction erases your criminal records. It bars state agencies from publishing your criminal records to third parties. This means your arrest records will not show up in a criminal background check during your job search. It also allows the person to deny both that an arrest occurred and that a court issued an expunction order.
Conversely, an order of non-disclosure only seals your criminal records. State agencies still have access to your criminal records. Specifically, if you apply to become a lawyer, doctor, nurse, school teacher, or accountant, then the licensing agencies will have access to your sealed records.
Even so, they both provide a benefit for anyone searching for a job. If you qualify for either an expunction or an order of non-disclosure, this should help legally shield your criminal records from employers during a background check.
What are examples of cases in San Antonio that qualify for an Order of Non-Disclosure?
If you complete probation for the following types of cases and have a clean record, then you can file a petition for non-disclosure:
- Theft
- Shoplifting
- DWI
- Possession of marijuana
- Simple drug possession crimes
- Criminal mischief
- Criminal trespass
How can a San Antonio Expunction Attorney help me clear my records?
A San Antonio Expunction and Non-Disclosure lawyer ensures you apply for the correct option. For some clients that will be a petition for an expunction. For others it will be a petition for non-disclosure of your criminal records.
Your attorney will also prepare the paperwork correctly and confirm every police agency that holds copies of your criminal records receives notice of your request. (If the police agency does not receive notice of your request, then they will not know they must seal your records.) Finally, your attorney will appear in court with you and ask the judge to grant your request.
Most important of all, an experienced attorney will tell you upfront after reviewing your case if you can either expunge or seal your records. This can save you time and money if you do not qualify for either option.
What information do I need when I meet with an attorney to talk about getting my records either erased or sealed?
The following information will help your San Antonio expunction attorney advise you on the best option in your case:
- Full name of person arrested;
- Sex
- Date of birth
- Texas driver’s license number
- Social security number
- Address at time of arrest
- Crime or offense charged, i.e., DWI, Theft, simple drug possession
- Date of arrest and when alleged offense happened
- County of arrest
- Name of arresting agency, i.e., SAPD, BCSO, DPS
- Case number
- Court assigned to case
You may not have all this information available upfront, but the more information you have, the easier it will be for the attorney to find your case and give you the best advice.
Call a San Antonio Expunction and Non-Disclosure Attorney Today. 210-733-7575.
Genaro R. Cortez is a San Antonio expunction attorney with over 20 years’ experience helping clients clear their criminal records in Bexar County, Texas. Contact us today to talk about your case.
Can I get my federal criminal records expunged or sealed in Bexar County, Texas?
No. Texas’s expunction and non-disclosure laws only apply to Texas state court cases. Unfortunately, federal law does not allow a person to expunge criminal records.
Can I get my record sealed if I was on probation for a family violence case in San Antonio, Texas?
No. Texas law does not allow persons on probation for a family violence case to seal their records.
If I get my record expunged, can I deny I was arrested for a crime?
Yes. Art. 55A.401 of the Texas Code of Criminal Procedure allows a person to deny the occurrence of an arrest and the existence of an expunction order. However, in a criminal proceeding, the person must tell the fact finder that the matter in question has been expunged.
Can I get both an expunction and a non-disclosure for the same offense?
No. You are either eligible for an expungement or a non-disclosure. But you are not eligible for both.