San Antonio Criminal Defense Attorney

Expungement: Let Us Help You Get a New Start

Having a criminal record can be damage your reputation and hinder your ability to find a job and maintain professional relationships. Many people arrested and charged with a crime believe that if they are found "not guilty" after a trial or their case is dismissed before trial, the record of the incident no longer exists and cannot affect them. Unfortunately, that is not true.


If you think your criminal history contains past allegations that are suitable for expunction, call a San Antonio criminal defense attorney for a free consultation.

Criminal Records in Texas

Records relating to an arrest and criminal charges are created at the time of arrest and forwarded to the Texas Department of Public Safety by the arresting agency, such as the Bexar County Sheriff's Office. DPS, in turn, enters this information into a database called "TCIC," which tracks arrests and dispositions of cases in Texas and then sends the data to a national criminal information system called "NCIC." Additionally, more and more county and district clerks' offices are beginning to maintain computer databases of arrest records and case dispositions.

Under the Texas Open Records Act, the public can access arrest records for things like apartment leasing checks, background investigations for employment, adoption background checks, and other related matters. Unfortunately, even if your prior criminal offenses were a long time ago, potential employers, landlords, and others can still discover your criminal record by searching your name online or in a courthouse.

Having your criminal record expunged can be entirely beneficial, if you are eligible. If you are able to have your record expunged, not only will the offense be taken off of your record, but your booking photo, fingerprints, arrest report, and DPS records will all be erased as if it never happened.


Find more information about expungements in our legal blog.

Answers to Common Questions

What types of cases are eligible for expunction?
With a few exceptions, the majority of criminal cases that have been dismissed, rejected or declined for prosecution are eligible for expunction. Additionally, completed pre-trial diversions, "not guilty" verdicts and Class "C" misdemeanor deferred dispositions are also eligible.

How long does the expunction process take?
The entire interview and legal paperwork process usually takes a few months from start to finish in order to make sure the expunction is complete and final.

What is the end result?
Once your record is expunged, DPS and other federal, state and local law enforcement agencies will be ordered by a Texas District Court to destroy your criminal record in its entirety. This will leave no evidence of your prior arrest available for use by anyone, including the FBI and all other law enforcement officials. Once your record is expunged you may legally deny the occurrence of the arrest and/or prosecution that has been expunged.

Note: When questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, you are permitted to say only that the "matter in question has been expunged.

What if someone refuses to expunge my record?
Any officer who learns of yoru expunction and uses or releases the information in some way is guilty of a criminal offense. Similarly, those officers who do not follow through with destroying certain parts of an expunged record can be charged with a crime.

Ready for a fresh start?

Our team at The Law Office of John J. Fox is ready begin the process of determining if your records can be expunged. In this day and age of background checks and pre-employment screening, the benefit t to you could be enormous. Don't let your past mistakes or a wrongful arrest/prosecution continue to do damage to you and your family's future!

Contact a San Antonio criminal lawyer to discover how we can help you.

Contact the Law Office of John J. Fox