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Is it worth it to obtain an expunction of a criminal case?

By Jose Ceja
Managing Attorney

If you have been through the process of defending a criminal case, it is likely that nothing sounds more appealing than putting the incident in the past and completely moving on with your life. However, even if your case has been dismissed, or if you have been found “not guilty” at trial, many people are surprised to learn that a record of the arrest will still exist that could make it difficult to find work, housing or be detrimental in other ways. If you are eligible for an expunction, it is highly advisable to take the time to obtain an expunction of your arrest. It is important to understand that even if your case was dismissed or your were found “not guilty” at trial, an expunction is never automatic in Texas. 

Am I eligible for an expunction?

Under Texas law, there are a variety of situations that could make a person eligible for an expunction. In general, however, you must have had your case dismissed or have been found “not guilty” at trial in order to qualify for an expunction. If you completed a regular or deferred adjudication probation, or were found guilty for any reason, you would not be eligible for an expunction (the only exception is that you may be eligible for an expunction if you successfully completed a Class “C” deferred adjudication probation). 

What are the benefits of an expunction?

Getting your case dismissed or being found “not guilty” at trial is excellent news. However, if anyone was to run a background check on you, the offense would still generally appear (although it should say that the case was dismissed or that you were acquitted). Depending on the charge, even a dismissed case could negatively impact you and force you to explain that the case was resolved in your favor. However, after an expunction is complete, the arrest will not appear at all. Additionally, once the expunction is complete, under Texas law you can legally deny the existence of the arrest on a job application or almost anywhere else. Other potential benefits of obtaining an expunction include:

  • Better job opportunities
  • Better housing opportunities
  • Better educational opportunities
  • Protecting your name and reputation

At Ceja Law Firm, we regularly assist people with obtaining expunctions of arrest records in all types of criminal cases including shoplifting/theft, DWI, prostitution and domestic violence cases. If you are interested in obtaining an expunction of a criminal case, contact Ceja Law Firm today for a free consultation. 

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Now in his career as a defense attorney, he regularly obtains dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases for his clients.