Experienced Expunction Attorney
Many people assume that if their criminal case was dismissed, the record automatically disappears. In Texas, that is rarely the case. Unless a court orders an expunction or another form of record relief, an arrest may continue to appear in background checks conducted by employers, landlords, licensing boards, and others long after the case has ended.
At Odefey, Witte, Wall & Villafranca, LLP, Attorney Jordan G. Fries helps clients determine whether they qualify for an expunction under Texas law. Whether the arrest resulted in a dismissal, acquittal, pardon, or another qualifying outcome, Jordan evaluates the circumstances of the case, explains the available options, and guides clients through the legal process of clearing eligible records.
Not every criminal case qualifies for an expunction. Eligibility depends on how the case was resolved and whether the requirements established by Texas law have been satisfied.
Circumstances that may affect eligibility include:
Determining eligibility often requires reviewing the entire procedural history of the case rather than relying solely on its final outcome.
Most expunction matters begin after a criminal case has already been resolved. Before filing a petition, Jordan reviews the procedural history to determine whether an expunction is available and whether the timing is appropriate.
An expunction request may begin after:
Once eligibility has been confirmed, the focus shifts from the outcome of the criminal case to whether the court has the legal authority to order the records removed.
Unlike a criminal prosecution, an expunction is a civil proceeding. The person requesting relief must demonstrate that the statutory requirements have been met before a court may order eligible records destroyed or removed.
Depending on the circumstances, the petitioner generally must establish:
Even when everyone agrees about how the criminal case ended, the court must still determine whether the legal requirements for expunction have been satisfied.
Preparing an expunction petition involves more than completing forms. Jordan begins by confirming that every statutory requirement has been met and identifying any issues that could delay or complicate the process.
Questions that often shape the petition include:
Addressing these issues before filing helps avoid unnecessary delays and increases the likelihood that the petition can proceed efficiently.
Federal prosecutors typically present carefully organized cases supported by extensive investigations. As a former prosecutor, Jordan understands how prosecutors evaluate evidence before filing charges and which facts they believe will have the greatest impact on a jury.
That perspective allows him to identify where the government’s case relies on assumptions rather than proof. Rather than treating every issue as equally important, Jordan focuses on the evidence that is most likely to influence the direction and outcome of the case.
No. In most cases, a dismissal alone does not erase an arrest or criminal record. A separate legal process is generally required to obtain an expunction if you qualify.
No. Texas law limits expunction to specific situations. Eligibility depends on the disposition of the case and other statutory requirements.
The answer depends on how the case was resolved and the type of offense involved. Some cases require waiting periods before a petition may be filed.
If an expunction is granted, the court’s order generally applies to the agencies and entities identified in the petition. Preparing a complete petition is an important part of the process.
If you’re ready to move beyond a past arrest or dismissed case, contact Odefey, Witte, Wall & Villafranca, LLP to schedule a confidential consultation with Attorney Jordan G. Fries.
