Expungement in New Braunfels: Clear Your Criminal Record

HOW MUCH DOES AN EXPUNGEMENT COST IN NEW BRAUNFELS TEXAS?

An expungement can cost up to approximately $5000 in New Braunfels. These costs typically include attorney’s fees but can vary depending on the amount of cases sought to be expunged, the level offense, and the number of agencies requiring service.

• Can I file an expungement myself in New Braunfels Texas? Yes, a person can file their own expungement in New Braunfels. However, Expungement is a complex, nuanced legal process and the risks of a deficient filing are immense. Expungement should best be left to the attention of an experienced expungement lawyer.

• How long does it take for an expungement to process New Braunfels Texas? It takes approximately 3 to 6 months for an expungement to fully process in New Braunfels. Expungement is a civil process that is often at the mercy of the busy Comal County court dockets, law enforcement agency processing times, and the administrative practicalities of state agencies.

HOW LONG DO YOU HAVE TO WAIT TO GET YOUR RECORD EXPUNGED NEW BRAUNFELS TEXAS

The waiting period for a New Braunfels expungement will vary depending on the nature of the associated criminal charge. For example, there is a 180 day waiting period for class C misdemeanors while all class A and Class B misdemeanors require a 1 year waiting period. Felonies impose a 3 year waiting period. Some charges require expiration of the Statute of Limitations which can prevent expunction for certain serious felonies with no limitations, like murder. There is no waiting period for acquitalls and for dismissals acquired by pretrial diversion or specialty court programs.

• What offenses can be expunged in New Braunfels Texas? All criminal offenses that are dismissed with no probation qualify for expungement in New Braunfels, from petty theft to white collar crime to aggravated assault. However, certain offenses with no Statute of Limitation, like murder, may not be eligible for expungement depending on the circumstances of the dismissal. Further guidance should be sought by consulting an experienced Expunction lawyer.

• What convictions cannot be expunged in New Braunfels Texas? Criminal convictions do not qualify for expungement in New Braunfels. An expungement is only available for cases resulting in a dismissal with no probation. However, an Expunction may be available in instances where a conviction is later vacated, when the defendant is exonerated, or when the conviction is overturned on appeal, and subsequently dismissed.

WHAT QUALIFIES FOR EXPUNGEMENT IN NEW BRAUNFELS TEXAS?

Criminal cases that are dismissed with no probation qualify for expungement in New Braunfels. This includes cases dismissed through Deferred Disposition, pretrial diversion, or specialty court programs in New Braunfels. However, certain serious felonies with no Statute of Limitations may not qualify for expungement depending on the circumstances for the dismissal.

• What are the requirements for expungement in Texas? As a preliminary requirement, a criminal charge must first be eligible for Expunction as only cases resulting in dismissal without probation qualify for expungement in Texas. Some cases also require expiration of a waiting period. A verified Petition for Expunction must then be filed in the appropriate court. The Expunction then proceeds by notice and hearing, where a judge determines whether to grant the expungement. Further information on this process can be had by contacting an expunction lawyer.

• How can I get my record expunged in New Braunfels Texas for free? Certain indigent individuals may qualify for a free expunction but they must first fill out an Affidavit of Inability to Pay Costs, where they list their relevant income, assets, and expenses. More information on this process can be found at the Comal County District Clerk and county clerk website.

CAN POLICE SEE EXPUNGED RECORDS IN NEW BRAUNFELS TEXAS?

No, New Braunfels police will not be able to see records of a properly expunged criminal offense. Expungement is a complex legal process best left to the attention of experienced legal counsel so as to avoid the disastrous consequences of a deficient Expunction.

• Can you buy a gun after expungement in New Braunfels Texas? A properly executed Expunction will not prevent an individual from purchasing a gun in New Braunfels. However, a person may still be prevented from purchasing firearms due to other criminal conduct or certain protective orders. Learn more.

• What are the benefits of expungement in Texas? There is no good reason to not expunge an eligible criminal offense in Texas. An Expunction will delete all records of an arrest, which helps job applicants avoid the uncomfortable scenario of explaining a criminal charge in an employment interview, for example. A clean record can also help in family law, child custody, and adoptions. Also, law enforcement can not see expunged cases, which may also help avoid pretextual investigations. Learn more.

DOES CRIMINAL RECORD CLEAR AFTER 7 YEARS IN NEW BRAUNFELS TEXAS?

No, criminal records never automatically clear after 7 years, or any passage of time, in New Braunfels. Criminal records are permanent, though certain dismissed cases may qualify for expungement, which deletes all records of the charge. 

• Can you answer no if your record is expunged in New Braunfels Texas? Yes, a person can answer no and legally deny the existence of an expunged offense on a criminal history questionnaire.

• Can FBI see expunged records in New Braunfels Texas? No, the FBI will not be able to see records pertaining to properly expunged criminal episodes in New Braunfels. Expunction requires experienced legal counsel to avoid the devastating consequences of a deficient expungement, like certain arrest records slipping through the cracks.

DO EXPUNGED RECORDS SHOW UP ON FINGERPRINTING NEW BRAUNFELS TEXAS?

A properly expunged criminal offense will not show up on a fingerprint background check in New Braunfels. Persons seeking an Expunction in New Braunfels should contact experienced legal counsel to ensure they avoid cases that continue to appear on a fingerprint check.

• How long do felonies stay on your record in New Braunfels Texas? Felonies stay permanently on criminal records in New Braunfels, even when dismissed. The only way to remove a felony from a New Braunfels criminal record is by Expunction as they do not clear automatically after 7 years or any other passage of time.

• Can a misdemeanor conviction be expunged in New Braunfels Texas? A misdemeanor conviction can not be expunged in New Braunfels. Only criminal cases that are dismissed with no probation are eligible for expungement in New Braunfels.

WHAT IS THE DIFFERENCE BETWEEN EXPUNGEMENT AND EXPUNCTION IN NEW BRAUNFELS TEXAS?

There is no legal difference whatsoever between the terms “expungement” and “expunction.” These terms are used interchangeably and refer to the same process of deleting all records of qualifying criminal cases in New Braunfels.

• How long before a felony can be expunged in New Braunfels? There is no waiting period to expunge a felony acquittal or felony charges dismissed by pretrial diversion in New Braunfels. There is otherwise a 3 year waiting period before an eligible felony may be expunged. Some offenses require expiration of the Statute of Limitations. This requirement may prevent expunction for serious felonies without limitations, like murder, depending on the reasons for the dismissal.

• Do I need to expunge dismissed charge New Braunfels Texas? Dismissed criminal charges should be expunged in every circumstance as they will otherwise remain permanently on background records in New Braunfels. An expungement may help Texans avoid uncomfortable job interviews, professional licensing difficulties, and pretextual law enforcement investigations.

DO ARRESTS SHOW UP ON BACKGROUND CHECKS IN NEW BRAUNFELS TEXAS?

Yes, arrests do appear on criminal background checks in New Braunfels, even those arrests resulting from class C offenses like Public Intoxication.

• How far back can a background check go in New Braunfels Texas? A background check can review the entirety of a person’s criminal history in New Braunfels.

• How far back does a FBI fingerprint background check go in New Braunfels Texas? An FBI background check will reveal the entirety of a person’s criminal history with no regard to date or time in New Braunfels. This is one of the most expansive searches in the criminal justice system and will reveal, for example, all property crimes, internet crimes, and white collar crimes. However, an FBI fingerprint background check will not reveal records of properly expunged cases.

DO MISDEMEANORS SHOW UP ON BACKGROUND CHECKS IN NEW BRAUNFELS TEXAS?

Yes, misdemeanors do appear on criminal background checks in New Braunfels even when the case is dismissed. However, properly expunged misdemeanor cases will not appear on criminal background checks.

• How long does a misdemeanor stay on your record in New Braunfels Texas? A misdemeanor remains permanently on criminal records in New Braunfels, even when dismissed. However, certain misdemeanor offenses may be expunged and removed from criminal records in New Braunfels if dismissed with no probation.

• How do I get my record sealed in New Braunfels Texas? A person can seal their criminal record by securing an order of nondisclosure. This proceeding will seal, but not destroy, all records of qualifying criminal cases. An order of nondisclosure is typically only available for cases successfully resolved through Deferred Adjudication. However, certain domestic violence offenses are not eligible for nondisclosure.

CAN MISDEMEANOR ASSAULT BE EXPUNGED IN NEW BRAUNFELS TEXAS?

Misdemeanor assault cases may be expunged if dismissed with no probation or resolved through pretrial diversion or deferred disposition. However, misdemeanor assault cases resulting in a conviction are not eligible for expungement.

• How do I get my record expunged in New Braunfels Texas? An expungement may be obtained by filing an Expunction Petition in an appropriate New Braunfels court, serving notice, and requesting a hearing. This is a nuanced legal process containing many potential pitfalls and is best left to the experienced eye of legal counsel.

WHO IS ELIGIBLE FOR EXPUNGEMENT IN NEW BRAUNFELS?

Individuals with criminal cases that were dismissed without probation are eligible for expungement in New Braunfels. People who successfully complete deferred disposition, pretrial diversion and specialty court programs are also eligible for expungement in New Braunfels.

• How long do dismissed charges stay on record in New Braunfels Texas? Dismissed charges remain permanently on criminal records in New Braunfels. The only way to remove a dismissed case from a criminal record in New Braunfels is by Expunction.

DO FELONIES GO AWAY AFTER 7 YEARS IN NEW BRAUNFELS TEXAS?

No, felonies do not automatically go away after 7 years in New Braunfels. Felony offenses do not clear automatically after any amount of time but remain permanently on criminal records. Certain felony offenses may be removed by Expunction.

• What is the 7 year rule for background checks in New Braunfels Texas? There is no 7 year period where criminal cases automatically disappear off a criminal record in New Braunfels. Despite this, some agencies, companies, and organizations may only look at cases in the past 7 years in employment or licensing contexts. An offense will nevertheless remain permanently on a person’s criminal record unless it is expunged.

• Do dismissed charges show on background check New Braunfels Texas? Yes, even a dismissed class C misdemeanor will appear on a criminal background check in New Braunfels. The only way to clear a misdemeanor offense from a person’s record is by Expunction.

HOW LONG DOES A CRIMINAL RECORD LAST IN NEW BRAUNFELS TEXAS?

Criminal records are permanent in New Braunfels and do not automatically clear after 7 years, 10 years, or any passage of time. The only way to remove an offense from a criminal record in Texas is with an expungement.

• Do I need a lawyer for expungement in New Braunfels Texas? Yes, expungement is a complex process and the consequences of a deficient Expunction are too costly. For example, an improper Expunction can jeopardize employment, professional licensing, and a visa application. This procedure is best left to the qualified attention of experienced legal professionals who specialize in this practice area.

• What cannot be expunged in New Braunfels Texas? Criminal convictions cannot be expunged in New Braunfels. Cases resolved through Deferred Adjudication are likewise not eligible for Expunction though some offenses may be publicly sealed by a nondisclosure order. Certain serious felonies with no Statute of Limitations, like murder, are also ineligible for expunction in certain circumstances depending on the rationale for the dismissal.

WILL MY EXPUNGED RECORD SHOW UP ON A BACKGROUND CHECK IN NEW BRAUNFELS TEXAS?

No, a properly expunged record will not show up on a criminal background check in New Braunfels. An experienced Expunction attorney can assist in proper execution of an expungement in Comal County, Hays County, Travis County, and the entire central Texas area.

• How can I clean my record in New Braunfels Texas? A person can clean their record by Expunction or an order of nondisclosure in New Braunfels. However, one risk of a deficient expungement is a criminal record slipping through the cracks which is why it’s imperative to secure experienced and skilled legal counsel for the Expunction process.

• What crimes are not eligible for expungement in New Braunfels Texas? Criminal offenses resulting in conviction and those resolved through Deferred Adjudication probation are not eligible for expunction but some may be sealed by a nondisclosure order. Some felonies with no Statute of Limitations, like murder, are sometimes ineligible for expungement depending on the circumstances for the dismissal. These cases should be presented to an Expunction lawyer for a case review.

WHAT IS REQUIRED FOR EXPUNGEMENT IN NEW BRAUNFELS TEXAS?

A person must first verify the charge qualifies for expungement and then prepare and file a sworn Petition for Expunction in district court or the appropriate New Braunfels court. The case will then proceed by notice to a hearing. The petitioner must usually appear as well as the district attorney. The presiding judge has ultimate authority to grant an Expunction in New Braunfels.

• Who qualifies for expungement in New Braunfels Texas? Individuals with criminal cases that were dismissed without community supervision probation qualify for expungement in New Braunfels. Defendants who successfully completed Deferred Disposition, pretrial diversion, or a specialty court program may also qualify for expungement. Further questions of elibibility should be presented to an Expunction attorney.

• Do misdemeanors go away in New Braunfels Texas? No, misdemeanors do not automatically go away in New Braunfels. A person who neglects a misdemeanor case is subject to an arrest warrant and additional criminal charges. Additionally, the only way to remove a misdemeanor from a criminal record in New Braunfels is by expungement.

WHAT MISDEMEANORS CANNOT BE EXPUNGED IN NEW BRAUNFELS TEXAS?

Misdemeanor convictions cannot be expunged in New Braunfels. However, a person can expunge misdemeanors charges dismissed without probation, as well as those resolved by Deferred Disposition, pretrial diversion, or a specialty court program.

• Do arrests without conviction show up on background check in New Braunfels Texas? Yes, an arrest will appear on a criminal background check even when the case is dismissed without conviction in New Braunfels. The only way to remove an arrest with no conviction from a criminal background check is by Expunction in New Braunfels.

HOW DO I GET RID OF A CLASS C MISDEMEANOR IN NEW BRAUNFELS TEXAS?

A class C misdemeanor can be resolved by Deferred Disposition in New Braunfels. Deferred Disposition is a powerful legal tool that can result in a dismissal of many class C misdemeanor offenses and enable a subsequent expungement of all records. Learn more.

• How long does it take to expunge a misdemeanor in New Braunfels Texas? It takes approximately 3 to 6 months to fully expunge a misdemeanor in New Braunfels. This delay is primarily the result of crowded dockets and the administrative processing times of the many governmental agencies involved in the expungement process.

• Does a misdemeanor show up on a background check after 7 years in New Braunfels Texas? Yes, a misdemeanor will appear on a background check after 7 years in New Braunfels. There is no 7-year period after which misdemeanor cases automatically disappear from criminal records. The only way to clear your criminal record is by Expunction.

EXPUNGEMENT LAWYER IN NEW BRAUNFELS | COMAL COUNTY, TEXAS

Trey Porter Law represents individuals seeking to expunge criminal records in New Braunfels and Comal County, as well as the surrounding areas of  San Marcos, San Antonio, Kyle, Seguin, Lockhart, Canyon Lake, Cibolo, Bulverde, and Wimberley.

Trey Porter Law stands up for the citizen accused. From students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL brings a results-oriented & client-focused approach to solving complex problems.

Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.