Being accused of a sex crime in Texas can have serious consequences, even if the charges don’t result in a conviction. A criminal record can make it difficult to find a job, secure housing, or move forward in life. If you’ve been charged with a sex crime, you may wonder if there’s a way to clear your record. The process of removing or sealing a criminal record is known as expungement or nondisclosure, but Texas law makes it difficult to erase sex crime charges or convictions.
Expungement and Nondisclosure
Expungement, also called expunction, is the legal process of erasing an arrest or charge from a person’s criminal record. If a record is expunged, it is as if the arrest or charge never happened. Nondisclosure, on the other hand, does not erase a record but seals it from public view. While most people and employers won’t be able to see a sealed record, law enforcement and certain government agencies still can.
Not all criminal charges can be expunged in Texas, and sex crimes are among the most difficult to remove. Whether a sex crime can be expunged depends on how the case was resolved.
When Can a Sex Crime Be Expunged in Texas?
In Texas, a sex crime charge may be eligible for expungement under the following circumstances:
- The charges were dismissed – If a person was arrested but never formally charged, or if the charges were later dismissed, they may qualify for expungement.
- The person was acquitted – If a person was found not guilty at trial, they can petition to have the charges removed from their record.
- The conviction was overturned – If new evidence proves a person was wrongfully convicted and the conviction is overturned, the record may be cleared.
- The case was no-billed by a grand jury – If the grand jury decides not to indict, meaning there was not enough evidence to prosecute, the charge may be expunged.
- A pardon was granted – If the governor of Texas or the president of the United States grants a pardon based on actual innocence, the conviction may be eligible for expungement.
If any of these situations apply, the person can file a petition for expungement. If granted, all records of the charge, including court documents, arrest records, and law enforcement files, must be destroyed.
Can a Sex Crime Conviction Be Expunged?
In most cases, a sex crime conviction cannot be expunged in Texas. If a person was convicted—whether by pleading guilty, taking a plea deal, or being found guilty in court—the record usually cannot be erased. However, in rare cases, a person may qualify for an “order of nondisclosure” if they received deferred adjudication.
Deferred Adjudication and Nondisclosure
Deferred adjudication is a form of probation where a person pleads guilty or no contest, but the judge does not enter a conviction. Instead, the person must complete certain requirements, such as community service or counseling. If they successfully complete the program, the charges may be dismissed.
For most crimes, a person who completes deferred adjudication can apply for an order of nondisclosure to seal their record. However, Texas law does not allow nondisclosure for most sex crimes. This means that even if someone completes deferred adjudication, the record will remain public.
Sex Crimes That Cannot Be Expunged or Sealed
Texas law is strict when it comes to sex crimes. The following offenses cannot be expunged or sealed, even if the person completed deferred adjudication:
- Sexual assault
- Aggravated sexual assault
- Continuous sexual abuse of a child
- Indecency with a child
- Child pornography offenses
- Prostitution involving a minor
If someone is convicted of any of these crimes, the record will remain permanent.
The Expungement Process in Texas
If a person qualifies for expungement, they must file a petition in the district court where the case was handled. The process includes:
- Filing the petition – A formal request must be submitted to the court, outlining why the record should be expunged.
- Court hearing – In some cases, a judge will schedule a hearing where the person or their attorney must present their case.
- Approval and destruction of records – If the judge grants the expungement, law enforcement agencies and courts must destroy all related records. This process can take several months.
For those seeking an order of nondisclosure, the process is similar but requires proof that the person successfully completed deferred adjudication.
Why Legal Representation Matters
Expungement and nondisclosure laws in Texas are complex, especially when dealing with sex crimes. Even if someone believes they qualify, a mistake in the petition process can lead to a denial. Hiring a skilled criminal defense lawyer increases the chances of success. An attorney can review the case, determine eligibility, and handle the legal paperwork.
Call Gallian Firm for Help
If you have been charged with a sex crime in Texas and want to know if your record can be cleared, the Gallian Firm can help. Our experienced attorneys understand Texas expungement laws and will fight for your future. Call us today at (214) 432-8860 for a confidential consultation.