Austin Expunction Attorneys

Everyday, people are arrested by mistake only to later have the charges dropped or be found not guilty. In some instances, people have their charges dismissed after they invest tremendous effort in anger management classes or counseling. Most do not realize that the arrest, the court’s action, and the probation are permanently placed on their criminal record and, as such, become public knowledge.

Did you know there may be a way to remove that mark from your record? With 44 years of experience with the criminal justice system, the Austin criminal defense attorneys of Minton, Burton, Bassett & Collins, P.C., are uniquely placed to help you clear your name. Call us today at (512) 476-4873, or contact us through this online form.

Talking with us after an arrest is the best way to ensure that your rights are protected. There are certain offenses for which a judge can grant “deferred adjudication probation.” If you are placed on deferred adjudication probation, you are not sentenced to a particular jail or prison term at the time that the deferred probation is imposed. However, if you violate the deferred adjudication probation and the probation is revoked, the judge may sentence you to any term provided by law at the time of the revocation. We can advise you on whether or not this type of probation is the right choice for you.

If you have already accepted deferred adjudication probation for a misdemeanor or felony arrest and have successfully completed the probationary period, then our knowledgeable attorneys may be able to help you clear up your criminal record through either “expunction” or an order of nondisclosure. These legal remedies remove your criminal record from public view. However, they can only be used in certain instances.

Expunction is only available for some Class C misdemeanors. It is not available for Class A or B misdemeanors, or for felony offenses. In fact, some Class C offenses do not permit expunction until a period of five years has passed. If expunction is granted by the court, the law enforcement agencies involved in your case will be directed to destroy all records associated with your arrest, prosecution, and probation. Additionally, you can legally deny that you have ever been arrested for or charged with the criminal offense for which you are receiving expunction.

Orders of nondisclosure are granted less frequently than expunctions because they are available for more serious charges (though some serious offenses are ineligible). If an order of nondisclosure is granted by the court, the law enforcement agencies involved in your case will be directed to refrain from disclosing to any third party any criminal records associated with your arrest, prosecution, and probation. As with expunction, you can legally deny the existence of the arrest, charge, and deferred probation.