If you have a felony arrest as part of your Texas criminal record, chances are you’ve faced significant challenges from your past. A criminal arrest has numerous side effects. For example:
- You could be refused employment if a criminal record check reveals a criminal record or if you are forced to disclose the matter in an application.
- A crime can result in suspension or revocation of your license to practice, which also affects your employment.
- You may be denied a mortgage, car loan, student loan, or other line of credit because lenders often ask or inquire about past criminal activity.
- Some landlords conduct criminal background checks or ask for information about previous convictions, so you may encounter obstacles when trying to rent an apartment.
Common examples of when a felony may be cleared in Texas
- Any felony for which you are charged in Texas and for which a judge or jury finds you not found guilty (acquittal by the trial court) can be deleted.
- If a person is convicted of a crime but is later pardoned or granted relief based on actual innocence, they are entitled to have their records for the applicable crime erased.
- Offenses covered by Section 46.02(a) of the Texas Criminal Code for unlawful possession of a firearm because that section existed for a crime committed before September 1, 2021.
- Charges that do not result in a final conviction and are no longer pending and there is no court-ordered community supervision unless the offense is a Class C misdemeanor provided that 1) to no charge or other instrument of indictment has been brought against the person at any time after the arrest or has been released or set aside, 2) a specified time has elapsed since the date of the arrest (this length of time varies by offense), and 3) the person has previously received no deletion of records and arrest files.
- Criminal prosecution is no longer possible because the limitation period has expired.
- When a person is tried and convicted but later acquitted by the Superior Court, the time limit for granting a discretionary review request has expired, or the government agency competent to prosecute the offense recommends deletion.
- The person has been pardoned for the offense by the Governor of Texas or the President of the United States.
- Certain minor offenses.
- Conviction of a minor for certain alcohol-related offenses.
Many different circumstances may preclude a person with a criminal record from deletion. With limited exceptions, a person cannot have a criminal record wiped if they have been convicted of a felony, one of the many consequences of a felony conviction.
What are the benefits of having a criminal record overturned?
When you remove or seal a felony conviction from your criminal record, it is no longer visible to the public. There are numerous advantages to sealing the conviction from the public. These include:
- not having to disclose conviction on an application,
- having the ability to obtain professional licenses or certifications that require a clean criminal record,
- join professional organizations that exclude persons who have a criminal record,
- eligibility for public benefits or funds, including scholarships,
- not to have their credibility challenged in a court proceeding, and
- Lack of prejudice from neighbors and community members.
How long is a minor’s criminal record?
A juvenile criminal record in Texas is not confidential. And the record isn’t automatically stamped when you turn 18. When a recording is unsealed, it can be read by law enforcement, probation officers, juvenile justice officers, prospective employers, educational institutions, and some other parties.
For juvenile criminal records, Texas law allows you to seal some convictions after a waiting period under Family Code §58.253. A new “automatic sealing procedure” removes the requirements for filing an application or request for the sealing of records and prompts the juvenile court to order the sealing of records if the minor meets the legal criteria. Another law allows you to erase some criminal records (e.g. minor alcohol offences) that have been dealt with in municipal or judicial courts.
Can a police car catch you from behind while speeding?
Yes, with the front and rear radar units mentioned above, a police car can detect your exact speed when behind you. Not only do they have radars to show accurate speed, but a police officer is much more likely to notice and be aware of the general speed of a vehicle directly in front of them.