Denton County Expunction Lawyer | Free Consult

If you were arrested in Denton County and the case was dismissed, not prosecuted, or resulted in an acquittal, you can permanently erase the arrest from your record through expunction. An expunction removes all public trace of the arrest from law enforcement databases, background checks, and court records.

Varghese Summersett has helped hundreds of Texans clear their criminal records. Our team includes five Board Certified attorneys and more than 100 years of combined legal experience across four Texas offices. With a track record of more than 1,600 dismissals, we understand how to navigate the cexpunction process in Denton County courts. In this article, our Denton County expunction lawyers explain the expunction process, eligibility requirements, and how an experienced attorney can help protect your future.

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Who Is Eligible for Expunction in Denton County?

Not everyone with a criminal record qualifies for expunction. Texas law strictly limits who can expunge an arrest. You may be eligible if your case resulted in dismissal, acquittal, or if you were pardoned. You cannot expunge a case where you were convicted, even if you completed probation successfully.

People often ask whether they can expunge a deferred adjudication. The answer is no. If you received deferred adjudication and completed it successfully, you may qualify for an order of nondisclosure, which seals the record from public view but does not destroy it. Only cases that were dismissed, resulted in not guilty verdicts, or meet other specific statutory requirements can be expunged.

Other questions we frequently hear include how long the process takes, whether expunction removes the arrest from FBI databases, and what happens to fingerprints and photographs. An expunction orders all law enforcement agencies and courts to destroy their records related to your arrest. This includes local police, the Denton County Sheriff’s Office, the Texas Department of Public Safety, and any other agency that has a record of the arrest. The FBI must also remove the arrest from its databases.

Legal Requirements Under Article 55.01

Texas Code of Criminal Procedure Article 55.01 establishes when a person is entitled to expunction. This statute lists specific scenarios where expunction is available, and the requirements are strict.

The State bears the burden of proving you are not entitled to expunction. This is different from most criminal proceedings where the State must prove guilt. In an expunction hearing, if you can show the case was dismissed or resulted in an acquittal, the burden shifts to the State to show why you should not receive the expunction.

To qualify for expunction, one of the following must be true:

• You were arrested but charges were never filed, and the statute of limitations has expired
• You were charged but the case was dismissed and the statute of limitations has expired
• You were acquitted at trial
• You were convicted but later pardoned
• You were convicted but the conviction was reversed on appeal and the case was dismissed
• You completed a pretrial diversion program and the case was dismissed
• You were a victim of identity theft

Waiting periods apply in some situations. If you were arrested but never charged, you must generally wait until the statute of limitations expires before you can file for expunction. For a Class C misdemeanor, that is two years. For most misdemeanors, it is three years. For felonies, the waiting period can be three to ten years depending on the level of offense.

Why Expunction Matters

An arrest that appears on a background check can cost you a job, a professional license, housing, or educational opportunities. Even if your case was dismissed, the arrest remains visible to anyone who runs a criminal history check unless you take action to expunge it.

Employers, landlords, schools, and licensing boards all conduct background checks. They see arrests, not just convictions. Many will pass on an applicant with an arrest record, even if that person was never prosecuted or was found not guilty. An expunction removes the arrest entirely, allowing you to truthfully state you have never been arrested for that offense.

Professional licensing boards in Texas often ask if you have ever been arrested or charged with a crime. Teachers, nurses, real estate agents, and other licensed professionals must disclose arrests. An expunction allows you to answer no to those questions.

College applications and scholarship forms frequently ask about criminal history. An arrest that shows up during a background check can derail your education plans. An expunction prevents that problem.

The Expunction Process in Denton County

The expunction process begins by filing a petition in the court where the case was handled. In Denton County, this means filing in the appropriate district court or county court depending on whether the charge was a felony or misdemeanor.

The petition must list all agencies that have records related to your arrest. This includes the Denton Police Department, the Denton County Sheriff’s Office, the Texas Department of Public Safety, and any other law enforcement agency involved in your case. Each agency must be served with a copy of the petition.

After you file the petition, the court sets a hearing date. The district attorney’s office reviews the petition and may agree to the expunction or contest it. If the State agrees, the court typically grants the expunction without a hearing. If the State objects, you must appear at a hearing and present evidence showing you are entitled to expunction.

At the hearing, you may need to present documentation such as court records showing the dismissal or acquittal, proof that the statute of limitations has expired, or evidence that you completed a pretrial intervention program. An experienced expunction attorney knows what evidence the court requires and how to present it effectively.

Once the court grants the expunction, it issues an order directing all agencies to destroy their records. The agencies have a limited time to comply. Most agencies destroy the records within 60 days, though the timeline can vary.

Denton County Courts

Denton County has several courts that handle criminal cases. Felony cases are heard in the district courts, including the 16th, 211th, 362nd, 431st, and 442nd District Courts. Misdemeanor cases are heard in the Denton County Courts at Law, including County Court at Law No. 1 and County Court at Law No. 2.

Each court has its own procedures and expectations for expunction petitions. Judges in these courts see numerous expunction petitions and have specific requirements for what must be included in the petition and what evidence must be presented at the hearing.

The Denton County District Attorney’s Office reviews every expunction petition filed in the county. Prosecutors check to ensure the legal requirements are met and that the person seeking expunction truly qualifies. If there are multiple arrests or charges, the State may object to the expunction even if one case qualifies, arguing that you do not meet the eligibility requirements.

Common Reasons Expunctions Are Denied

Expunction petitions can be denied for several reasons. One common issue is failing to wait until the statute of limitations has expired. If you file too early, the court will deny the petition and you will have to start over.

Another frequent problem is having other pending charges or arrests. If you have multiple arrests, even if one qualifies for expunction, the presence of other cases can disqualify you. Texas law requires that you not have been convicted of a felony in the five years before the arrest you want to expunge, and you cannot have any pending criminal charges.

Failing to properly identify all agencies that have records is another reason expunctions are denied. If you do not list every law enforcement agency involved, the court may refuse to grant the expunction. This is why it is important to work with an experienced Denton County expunction lawyer who knows which agencies to include in the petition.

Technical errors in the petition can also cause problems. The petition must follow specific legal requirements set out in the Texas Code of Criminal Procedure. If the petition is not properly drafted, the court may deny it or require you to refile.

How Long Does Expunction Take?

The timeline for an expunction in Denton County varies. If the State agrees to the expunction and does not contest it, the process can take as little as two to three months. If the State objects and a hearing is required, it can take four to six months or longer.

Much depends on the court’s docket and how quickly the State responds to the petition. Some cases move quickly, while others take longer due to scheduling conflicts or backlogs in the court system.

After the court grants the expunction, agencies have up to 60 days to destroy their records, though many comply sooner. You should receive confirmation from the court once the expunction is complete.

Expunction vs. Nondisclosure

People often confuse expunction with nondisclosure. They are not the same thing. An expunction destroys the record entirely. It is as if the arrest never happened. A nondisclosure seals the record from public view but does not destroy it. Law enforcement and certain government agencies can still see a nondisclosed record.

Nondisclosure is available in cases where you completed deferred adjudication successfully. Deferred adjudication is not a conviction, but it is also not a dismissal or acquittal, so it does not qualify for expunction. If you completed deferred adjudication, you may be able to obtain a nondisclosure order that prevents most employers and landlords from seeing the record.

An expunction is always preferable to nondisclosure if you qualify. With an expunction, the arrest is completely erased. With nondisclosure, the record still exists but is hidden from most background checks.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your expunction, we start by reviewing your case to confirm you qualify. We obtain copies of the court records, determine which agencies have records of your arrest, and prepare a comprehensive petition that meets all legal requirements.

We file the petition with the court and serve all necessary agencies. We communicate with the Denton County District Attorney’s Office to address any questions or objections. If the State agrees to the expunction, we work to expedite the process. If the State objects, we prepare for a hearing and present evidence to the court showing you are entitled to expunction.

Our goal is to make the process as smooth and efficient as possible. We keep you informed throughout and handle all communication with the court and the State. Once the expunction is granted, we follow up to ensure all agencies comply with the court’s order.

We have handled hundreds of expunctions across Texas. Our attorneys understand the nuances of expunction law and the specific procedures required in Denton County courts. With five Board Certified attorneys and a team of more than 70 legal professionals, we have the resources and experience to handle your case efficiently.

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Frequently Asked Questions

How much does an expunction cost in Denton County?

The cost of an expunction includes attorney fees and court filing fees. Filing fees in Denton County vary depending on the court but typically range from $300 to $400. Attorney fees vary based on the complexity of the case. Contact us for a free consultation to discuss the specific costs for your situation.

Can I expunge multiple arrests?

Yes, if you qualify for expunction on multiple arrests, you can expunge them. Each arrest requires a separate petition, but if the arrests are related to the same criminal episode, they may be included in one petition. We can review your record and determine the best approach.

Will an expunction remove my arrest from FBI records?

Yes. An expunction order requires all agencies, including the FBI, to remove the arrest from their databases. The court’s order directs the FBI to delete the record, and the FBI must comply.

Can I file for expunction myself?

You can file for expunction on your own, but the process is technical and mistakes can result in delays or denials. An experienced attorney knows what the court requires and can avoid common pitfalls. Many people choose to hire an attorney to ensure the petition is handled correctly the first time.

What happens if my expunction is denied?

If your expunction is denied, you may be able to refile after correcting the issues that caused the denial. In some cases, you may need to wait until a certain amount of time has passed or until other legal requirements are met. An attorney can help you understand why the expunction was denied and what steps to take next.

Contact a Denton County Expunction Lawyer Today

An arrest does not have to follow you forever. If you qualify for expunction in Denton County, Varghese Summersett can help you clear your record and move forward with your life. Call (940) 252-2220 for a free consultation with an experienced expunction attorney.