Expunction Attorneys in Plano

Helping Clear Your Record With An Expunction

If you have been convicted of a crime and want to receive an expunction (or get your public criminal record cleared), contact a Plano criminal lawyer who can properly guide you through the process. 

When you successfully complete the expunction process, you can have a previous arrest or criminal conviction removed from your record, which had previously been accessible by the public. Criminal records can cause you to lose important opportunities for employment or housing.

The Zen Law Firm is highly knowledgeable about the expunction process and the various requirements for obtaining these orders. Do not risk your chance at a fresh start by missing required steps for applying for expunction. Our firm lays out a clear overview of Texas’ expunction guidelines. You can get further guidance by calling now!

Want a truly clean record? Call (469) 361-8561 or reach out online to discuss our contingency fees and eligibility assessment—we offer bilingual services and are available 24/7.

Texas Law: Expunction vs. Nondisclosure

Texas law provides two distinct pathways to clear your record, each with different eligibility requirements and outcomes. Understanding which process applies to your case is the first and most critical step.

• Expunction (Art. 55.01, CCP) – Permanently destroys all records (digital and paper). Typically available after acquittal, a pardon, or an arrest that did not lead to a conviction or probation. Once granted, you can legally deny the arrest or conviction ever occurred.
• Order of Nondisclosure (GC § 411.072) – Seals records from public view. Often granted after successful completion of Deferred Adjudication or, in limited cases, certain first-time convictions. The record stays hidden from employers and landlords, but law enforcement and licensing boards may still access it.

Eligibility for Expunction in Texas

There are several situations where a Texas resident might qualify for expunction. According to Texas Code of Criminal Procedure §55.01, an individual can get all records related to an arrest expunged if that person was tried for the offense and one of the following occurred:

• The defendant was acquitted;
• The defendant was convicted of the offense but later pardoned or granted relief;
• The defendant was convicted of the offense but later pardoned for another reason; and
• The defendant was released and the charge did not result in a final conviction and is no longer pending. This only applies if there is no court-ordered community supervision.

Recent changes have added new provisions for seeking expunctions before the statute of limitations expires on certain crimes. An attorney can explain these updates and how they might affect your case. Other circumstances can also determine whether an arrest may be expunged. An attorney can review these details with you to clarify your options.

Mandatory Waiting Periods for Dismissed Cases

For a dismissal or no-charge situation, you must often wait a statutory period before petitioning the court. This waiting period ensures the statute of limitations for the crime has expired and the state cannot refile the charge:

• Class C Misdemeanor: 180 days from the date of the arrest.
• Class A or B Misdemeanors: One year from the date of the arrest.
• Felonies: Typically three years from the date of the arrest.

We meticulously track these timelines to ensure your petition is filed at the earliest possible legal date, preventing unnecessary delays in your life.

Eligibility for an Order of Nondisclosure in Texas

If you successfully completed Deferred Adjudication (a common outcome for many first-time offenders), you are likely eligible for an Order of Nondisclosure, which effectively seals the record from public view.

To qualify for an Order of Nondisclosure, you generally must meet three criteria:

• Successful Completion: You successfully completed the terms of your Deferred Adjudication or Deferred Disposition and received a full discharge and dismissal from the court.
• No Disqualifying Offenses: During the deferral period and any subsequent waiting period, you were not convicted or placed on deferred adjudication for any other offense (aside from minor traffic tickets).
• Statutory Waiting Period: You must observe a mandatory waiting period, which varies by offense:
• Misdemeanors: No waiting period after discharge (you can file immediately).
• Felonies: A five-year waiting period after discharge.
• Specific Misdemeanors (e.g., assaultive, sex, and weapon offenses): A two-year waiting period.

Crucially, some offenses (including criminal homicide, murder, and certain sex crimes) are never eligible for non-disclosure. We use our detailed knowledge to determine if your specific charge is a disqualifying offense and whether the issuance is in the "best interest of justice" in the eyes of a Collin County judge.

The Expungement Process in Plano

The process of clearing your record in Plano is a civil petition filed in the District Court, not a continuation of your criminal case. It is a formal legal proceeding that requires precision.

1. Filing the Petition: We file the verified Petition for Expunction or Nondisclosure in the appropriate Collin County District Court, meticulously listing all relevant dates, charging instruments, and statutory eligibility grounds.
2. Serving the Agencies: This is a crucial procedural step often missed by non-attorneys. We must formally serve notice of the petition and hearing date to every agency that holds a record of your arrest—this includes the Plano Police Department, the Collin County Sheriff’s Office, the District Attorney’s Office, the jail, and even private entities that disseminate criminal history information.
3. The Hearing: A hearing is required. If the State objects to the expunction (often due to an expired waiting period or the "criminal episode" rule), we aggressively argue the facts and legal precedent to the judge to demonstrate your legal entitlement to the order.

If the order is granted, the law mandates that all agencies served must destroy or seal their records within a fixed period, finally giving you the clean slate you deserve.