Having a misdemeanor on your record can have a long-lasting impact on all aspects of your life. From employment opportunities to housing prospects, it can hold you back from achieving your best. In our previous blog, we explored the benefits of getting your criminal misdemeanor expunged, but what are the criteria you need to meet to get your record sealed?
Understanding misdemeanors and record sealing
Before we explore the criteria that you need to meet, it’s first important to understand what sealing a misdemeanor in Texas means. A misdemeanor is a criminal offence that is less serious than a felony but more severe than an infraction. These offences typically result in penalties such as fines, probation, or short-term jail sentences.
However, once individuals have served their penalty the public record will still show that they were convicted of the crime. This can hold individuals back from getting jobs or seeing housing applications declined, so the process of sealing a record is your chance to hide your record from public view and allow you to move forward with your life.
What are the eligibility criteria for sealing misdemeanor records?
The eligibility criteria for sealing a criminal misdemeanor depends on the jurisdiction you are living in, but the most common factors by courts when evaluating requests to seal misdemeanors in Texas are:
Time since conviction
One of the first things to consider is the time since the conviction. There is typically a waiting period that must be completed before you can start to process to get your record sealed. However, this duration will vary depending on the outcome of case. For example, in the result of a dismissal, acquittal, or pardon, there might be no waiting period; for other convictions, the duration could be anywhere from 180 days to several years.
Completion of sentence
The individual will also have to have completed the full terms of their sentence, including any probationary period and court orders, such as fines, before a misdemeanor can be expunged. This demonstrates to the court that you have not only fulfilled your legal obligations but that you are also ready for a fresh start.
Type of offense
The overall nature of the misdemeanor can also influence eligibility, with Texas law tending to be more favorable toward individuals with non-violent convictions. Certain offenses, such as family violence can have stricter eligibility criteria that need to be met before any record can be sealed.
Criminal history
Although Texas is one of the more lenient states when it comes to sealing a misdemeanor, an individual’s criminal history can also be a major factor. Those with multiple convictions will likely find it more challenging to have their record sealed.
Wondering how to get misdemeanors expunged?
If you are Googling “How to get my record sealed” and are wondering what your next steps are, then Seal My Misdemeanor is here to help you. Our experienced legal professionals will help you to hide your past from prying eyes, giving you a clean slate to move on with.
We can help you through every step of the process, so get in touch today to find out more about the services we offer.