Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Can a felony be expunged or sealed from the court records so as not to appear when a background check is processed? And if so, how long does it have to be from the date of conviction or the date of the incident? I believe it is the date of conviction that employers look at when a felony is present (7 years), but I want to expunge or have my record sealed. I reside in the State of Texas.
What crimes can be sealed will vary with each state. The state in which the crime was adjudicated is the state in which you must seek expungement. If the court expunges your record, you can truthfully answer “no†when asked if you’ve committed a felony. In Texas, the process is called expunction, and will result in the destruction of your criminal file. You may also be able to ask the court for an Order of Nondisclosure, which will prevent a routine background check from finding your criminal history, but it would still be available with a court order.
Certain crimes are ineligible for expunction, including DUIs, child molestation, or theft. If you committed another crime within a certain time period, you may also be barred from requesting expunction. Chapter 55 of the Texas Code of Criminal Procedure outlines the eligibility for expunction and Orders of Nondisclosure, as well as the process for requesting them. You can file these requests pro se, or hire an attorney to create and file your applications.
