Ennis, TX Criminal Defense Law Firms & Lawyers

To be eligible for an expunction, the case must have been dismissed (with no guilty plea, no probation, no deferred) or you must have been found not guilty after a trial. If you received deferred adjudication probation and successfully completed it, you might be eligible to seal your record - it depends on the offense and if eligible, some offenses require a waiting period after the completion of the deferred. Also, it is not guaranteed - the judge in whose court the case was prosecuted makes the decision. If you received deferred, then the wording on the document that is signed by the judge at the completion of the deferred states that the case is "set aside." This is so misleading because people think that it means that the case is over without it being on their record - which is wrong. The case remains on your record indefinitely. There is no procedure called "set aside" in criminal cases.

In general, if you have been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under 42.12 of the Texas Code of Criminal Procedure, unless the offense is a Class C misdemeanor. You would need to consult with an attorney to file the proper motion and determine if you are entitled to expunction.  

The very last part of your question provides you with the answer. You said you need to review the records with an attorney. step one: retain an attorney who can then help you process the request and obtain the records for review.