There’s a common misconception out there that once a person's case is dismissed, it'll no longer be on their record. Unfortunately, it's a little more complicated than that.

People who've been wrongfully accused, or who've have had their charges dismissed as part of a plea agreement, or who've been acquitted at trial - unless they take an active step to have their records expunged, that arrest will remain on their record for anyone to see for the rest of their life.

Moreover, unless they expunge their record, they must always answer "yes" to the question "have you ever been arrested" - which appears on job applications, bank forms, school and rental applications, and more. There are a number of companies that do nothing but collect and disseminate criminal records, and they make a lot of money trying to make sure that the arrest can follow you indefinitely.
That's where an expunction comes in. The statute in Texas has always allowed those who meet certain criteria to receive an expunction - in which the court destroys all record of the arrest and which allows the client to legally answer the question "have you ever been arrested" with a "no" - but the state has also imposed tight restrictions and required long time limits for elibility.

This is a huge burden for those needing to move on with their lives. I'm one of the lobbyists for Texas Criminal Defense Lawyers Association, along with S&G's David Gonzalez, as well as Keith Hampton and Allen Place, and we've been working during the 81st Legislative Session to help alleviate that burden. The bill we helped to draft, HB 3481, passed the House and Senate and was sent to Governor Perry on June 3. HB 3481 eliminates the current waiting period - in most misdemeanor cases two years, and in most felonies three, with some never being eligible - and replaces it with much more reasonable time periods. For unfiled misdemeanors and unfiled or dismissed felonies, a person will be eligible six months after an arrest. For dismissed misdemeanors, a person will be eligible immediately. The bill also eliminates the requirement that the person in question have no other conviction within five years preceding the date of arrest.

We're really optimistic that this will make a big difference in people's lives. Now we're just waiting on Governor Perry. If all goes well, this will go to law and be effective immediately.

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