Felony convictions carry lifelong repercussions. People convicted of felonies often have issues concerning employment, housing, and other essential parts of daily life. If you have been convicted of a felony in Texas, you may wonder if the conviction can be “dropped” from your record. However, once a conviction has been obtained, Texas laws make it very difficult to remove a felony from the record. People convicted of felonies in Texas must explore other options to learn about the impact of convictions on their daily lives.
A skilled criminal defense attorney can guide you through the process and advise you of potential choices. It is important to remember that the process is highly complex and can take a very long time. Even then, the defendant may not be granted relief.
Can a Felony Conviction Be Expunged in Texas?
Texas law allows for expungements in a minimal number of cases. Expungement is the erasing of a criminal record. However, most felony convictions cannot be expunged under Texas law. Expungement is generally used when charges are dismissed, the defendant is acquitted, or the state grants the defendant a qualifying pardon.
There are particular cases in which felony expungement may be possible, such as:
- Wrongful Convictions
- Certain Juvenile Offenses
Typically, Texans cannot completely erase their records through expungement.
Nondisclosure Orders for Felony Convictions
An alternative to expungement is obtaining a nondisclosure order, which virtually seals the public record. A nondisclosure order prevents the record from being seen by employers, landlords, and most private entities. Government agencies still have access to the sealed record. Nondisclosure orders are generally available only for certain felonies and only if the person was placed on deferred adjudication probation and successfully completed it.
- Deferred Adjudication – If a person pleads “guilty” or “no contest” to a felony charge, they may avoid a formal conviction upon completion of probation.
- Eligibility for Nondisclosure – Some people may qualify for a nondisclosure order after deferred adjudication. However, violent felonies and certain other serious crimes are not eligible for nondisclosure.
Eligible people must file a petition and meet all required conditions to apply for a nondisclosure, which is not guaranteed because it is at the judge’s discretion.
Pardons as an Option for Felony Convictions
The governor grants a pardon. It does not erase the conviction but can restore certain rights. Pardons are rare and only granted after a thorough review, and the chances of success are limited. To apply for a pardon, people must prove that they have been rehabilitated since the conviction.
Steps for Those Seeking Post-Conviction Relief
If you or a loved one has a felony conviction in Texas, speaking with an experienced criminal law attorney is the first step in understanding the options for relief. Dropping or removing a felony conviction in Texas can be challenging, but defendants have legal options. However, people should know their eligibility, file a petition, gather proof that they have been rehabilitated, and prepare to wait throughout the process. Expungement and nondisclosure options are limited but offer some hope to eligible people.Individuals should also seek assistance with voting rights, employment support programs, and other rehabilitation programs. Each case is unique, but The Law Office of Kerrisa Chelkowski understands the law and can help guide you through the complex process of dealing with a felony conviction. Please contact our law office so we can assist you and protect your rights.