Understanding what arrest entails in Texas, how it relates to conviction, and what it can mean for your future is a complex legal matter that is worth considering more carefully. The better you understand the criminal justice system in Texas, the better prepared you’ll be to protect your rights in the face of an arrest or criminal charge.
One of the most important steps you can take if you’re facing a criminal charge – or are concerned that you may face one in the near future – is consulting with an experienced Round Rock criminal defense attorney as soon as you’re able to do so.
Arrest Defined
At the simplest level, arrest refers to the process of detaining someone and taking them into custody – generally as a result of a criminal charge that is being filed against them. Most convictions begin with an arrest, but convictions represent the culmination of the criminal justice system – for those cases in which the defendants are found guilty.
It’s important to note that both an arrest and a conviction will mar your record. And even if you’re ultimately found not guilty of the charge associated with the arrest, the arrest, and the charge will remain on your record. Because your criminal record is a matter of public information, this can lead to negative social consequences that include the following:
A general decline in your social standing
Difficulty landing a job
Difficulty renting a house or apartment
Difficulty getting a home loan
If you’ve been arrested, the first order of business is taking the matter seriously, which includes reaching out for the professional legal counsel of a dedicated criminal defense attorney.
Probable Cause
In order to arrest you in the State of Texas – or any other state in the nation – the police must either have a warrant to do so or must have probable cause for proceeding. While there is no exact definition of probable cause in this context, it’s more robust than the reasonable suspicion that’s needed to pull you over in your car.
Probable cause is needed to make an arrest, to obtain a warrant, and to engage in a search of an individual’s property or person.
Generally, probable cause is held to mean that the facts and circumstances known to the police or to the prosecution support a reasonable belief that a crime has been committed or is in the process of being committed.
The bottom line is that there is no definitive test for determining whether the arresting officer has probable cause, and the matter must be determined on a case-by-case basis. If the court ultimately rules that there was no probable cause, the arrest will be invalidated, and any related evidence will be thrown out.
After Arrest
Just because you’ve been arrested doesn’t mean that a charge will necessarily be forthcoming. The police may suspect you of a crime, but whether or not they ultimately charge you will depend on the unique situation, the circumstances involved, and whether the prosecution believes they can obtain a conviction.
An arrest – in other words – does not guarantee that you will be charged. If you’re not charged, however, the arrest itself will remain on your record. To remove it, you’ll need to expunge it, which we’ll discuss below.
If You’re Charged
If you are charged with a crime, you will have the option of fighting the charge at trial, negotiating a favorable plea deal with the prosecution, or simply pleading guilty to the charge as it stands – which generally isn’t advised and shouldn’t be considered without trusted legal representation backing you up.
Striking a Plea Deal
If you strike an advantageous plea deal with the state, it amounts to pleading guilty to what is likely a lesser charge, a lesser sentence, or both. This could keep you out of jail entirely and may come with a variety of benefits – compared to what you could face if convicted at trial.
When you make a plea deal, however, the charge and conviction that you plead down to will remain on your record.
The Right to a Jury Trial
If you are facing a criminal charge, you have the right to a speedy trial by a jury of your peers. Speedy here is a relative matter, but the state can’t delay your trial unnecessarily if doing so serves no reasonable purpose. Further, in most cases you can waive your right to a jury trial and can have a bench trial – or a trial that’s heard only by the presiding judge – instead.
The Burden of Proof in Your Case
The prosecution has the burden of proving your guilt beyond a reasonable doubt. This amounts to demonstrating that there is no other reasonable explanation other than you having committed the crime you’ve been charged with.
This is a very high standard of proof that requires something near certainty on the part of every juror. The jury will make its determination based on the evidence and testimony presented, and if they can’t reach a complete consensus, a mistrial will be called. From here, the prosecution can decide to refile the charges or to drop the matter.
If You’re Convicted
If you’re convicted at trial or via a plea deal, your arrest and your conviction for the original charge or the charge you pled down to will be on your record. A conviction comes with serious consequences that outpace a mere arrest. Keeping your record in mind – and exploring your options in relation to it – is important moving forward.
When Someone Conducts a Background Check on You
As mentioned, your criminal record is a matter of public information, and when someone – such as a potential employer or landlord – conducts a background check on you, they’ll find all arrests and convictions you’ve had to date. Additional information available in these searches includes all the following:
Your case number or numbers
The jurisdiction of the arrest or conviction
All case-related dates, including the date of arrest, date of conviction, and beyond
The sentencing you received
Every arrest, including those that didn’t lead to charges
Every charge brought against you – regardless of whether they led to convictions – and the classification of each offense, which refers to the level of misdemeanor or felony
Expungements Are Sometimes Available
Under certain circumstances, a charge can be expunged in the State of Texas. In the expungement process, all the related information is permanently removed from the person’s criminal record.
Expungements generally only apply to arrests and charges that don’t lead to conviction, but there are other instances when a conviction can be sealed through a process called nondisclosure, which keeps the information private for many – but not all – purposes.
Expungement Eligibility
The kind of activity on a criminal record that is eligible for expungement in Texas includes the following:
Arrests that didn’t lead to criminal charges
Criminal charges that were ultimately dismissed
Any arrests, charges, or convictions that were caused by someone else stealing your identity and being arrested, charged, or convicted as you
Any convictions that the trial court or court of criminal appeals later acquitted
Any convictions that the Governor of Texas or the President of the United States later pardoned
Some juvenile misdemeanor offenses
Convictions for specific juvenile alcohol offenses
Conviction related to minors who fail to attend school
When Nondisclosure May Apply
If the blemish on your record does not qualify for expungement, you may be able to have the matter sealed through the process of nondisclosure. This amounts to the Texas Department of Public Safety refraining from disclosing a criminal record to a specific party who may request it, such as a potential employer or landlord.
There are, however, exceptions about when the information can be kept private. For example, licensing entities like the following can obtain access:
Licensing boards for educators
Licensing boards for medical professionals
Licensing boards for attorneys
The nondisclosure process should, however, shield the information for the purposes of private commercial background checks.
Sealing by nondisclosure is available to those for whom all the following apply:
Your sentence was for deferred adjudication probation, which you successfully completed.
The required waiting period has passed.
You haven’t had a felony conviction in the five years prior.
In Some Cases, the Arrest Itself Can Be Deemed Unlawful
If your rights were violated in the course of being arrested, you can challenge the validity of the arrest itself. A prime example is if the officer failed to read you your Miranda rights upon arrest.
This refers to informing you of your right to remain silent and your right to legal counsel, and failure to do so can be grounds for dismissal of the charge. This is a complex legal matter that requires the skilled legal guidance of a capable criminal defense attorney.
Appealing Your Conviction
Just because you’ve been convicted of a crime in Texas, does not mean that it’s the final word on the matter. You have the right to appeal your conviction when grounds such as the following apply:
False arrest
Improper admission or exclusion of evidence
Jury misconduct
Ineffective assistance of counsel
If you are successful, your case may be sent back to the trial court for further consideration based on the court of appeals’ findings. Successful appeals are the exception rather than the rule, but when appropriate, appeals can be highly effective.
An appeal does not mean that your case will be retried but, instead, means that the court of appeals will review the transcript of your case – along with all exhibits, documents, and motions – to determine if a legal mistake was made that could have affected its outcome.
FAQ
If you have concerns about your criminal record, the answers to the following frequently asked questions may help.
I was arrested but not charged. Do I have a criminal record?
Yes, the arrest will show up on your criminal record for anyone who cares to search for it to see. This is, however, a matter that can generally be expunged, which means scrubbed from your record permanently. To do so you’ll need to follow all applicable rules and regulations, and working closely with a savvy criminal defense attorney is always to your advantage.
What happens if I was charged but not convicted?
This is a situation much like an arrest that doesn’t lead to a charge. If you were not convicted of the charge against you, you can seek an expungement, and an accomplished criminal defense attorney can help.
Is clearing my record important?
If you have a criminal charge or an arrest on your record, it is worth addressing the matter head-on. Your criminal record can be accessed in a background check, which can lead to serious social consequences, such as a tarnished reputation, difficulty obtaining a job, difficulty renting a home, and difficulty obtaining a home loan.
Can I take care of the matter myself?
Your criminal record can play a primary role in your future, which makes doing whatever you can to clean it up paramount. Expungements and the nondisclosure process are complex legal matters, and because your future hangs in the balance, proceeding without a determined criminal defense attorney in your corner isn’t recommended.
What does the nondisclosure process accomplish?
The nondisclosure process amounts to the sealing of certain records – when all the qualifying requirements are met. This means that the sealed record won’t be made available for basic background checks, such as those made by potential employers and landlords.
The information will not be shielded, however, from governmental searches or from searches made by professional licensing boards.
Make the Call to an Experienced Round Rock Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas – is an imposing criminal defense attorney who dedicates his impressive practice to fiercely advocating for optimal case outcomes for all his valued clients, and he’s here for you, too.
Learn more by contacting or calling us at 254-781-4222 and scheduling a free consultation today.