A criminal record can hinder your life significantly, and with strict Texas laws, an expunction might feel impossible. The process can be difficult to understand, so it’s important to have access to resources that walk you through the process for free.
Through The Texas Law Expunction Project, administered by the Mithoff Pro Bono Program, UT law students, supervised by practicing attorneys, help prepare paperwork to be filed in court to expunge or seal criminal records for people who cannot afford to hire an attorney.
“Law students draft petitions for expunction or nondisclosure,” said supervising attorney Rhiannon Hamam. “Then towards the end of the semester, we have final meetings with applicants, where we meet on Zoom with them, go over what we’ve prepared for them and talk about the next steps for court.”
For students and low-income individuals especially, an attorney may be out of reach, which is why this project is important. Students should take advantage of this resource at the University. If you’re charged with a misdemeanor at the age of 18 or older, apply to see if you qualify for expunction or nondisclosure.
People might see expunction as unnecessary and a waste of time, but when applying for jobs, schools or buying a house, a criminal record could deter your eligibility. Expunging your record can open doors that were previously closed for you.
“A lot of times, people don’t know if they’re even eligible,” said Cate Byrne, Pro Bono scholar and third-year law student. “It’s a really valuable service for people who are applying to jobs, licensure, regimes, housing, etc.”
In the state of Texas, your case must be dismissed or never charged in order to be eligible for expunction. A person can qualify for nondisclosure in two circumstances: if it’s the person’s first misdemeanor or if they successfully completed deferred adjudication.
Even in these circumstances, you’re not always guaranteed expunction or nondisclosure.
“(Filing paperwork for expunction or nondisclosure) is not something that I think the average person outside the legal field can do on their own, but there seems to be an expectation that people can do this,” Byrne said. “We step in to make sure that people have the assistance they need to navigate this process.”
Hamam said that even for someone like herself who is familiar with the law, expunction and nondisclosure laws in Texas are difficult to understand, which is why it’s important to seek legal help.
In other states, after your case is dismissed, it’s cleared from your record, but in Texas, it still appears on your record as dismissed. This is why expunction is important to clear your record for good.
“Seeing the way folks react and realize that (charges) can be gone from their record, I think has been really incredible to witness,” Byrne said. “A lot of people feel like so many more doors are open to them, especially when they’re thinking about things like housing and job applications, knowing that burden isn’t something they need to talk about with (someone) who’s digging up their history.”
Don’t let your criminal history hinder your future. Check if you’re eligible for expunction or nondisclosure and save yourself difficulties when applying for jobs, buying a house or applying for higher education.
Harrison is a journalism senior from Dallas, Texas.
