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How to Expunge Cybercrime Charge in Texas | Everything to Know

Writer's picture: Justin SparksJustin Sparks

Internet crimes have become more sophisticated over the years. It's not just about computer fraud anymore; crimes today also include identity theft, hacking, and even sexual offenses.


Texas passed a "computer crimes" law in 1985, and it has been amended many times. Understanding how the law works ensures that people accused of internet fraud or other related crimes can protect themselves.


Even if a person got their criminal offense dismissed, the chances are that they still have a record. Criminal records can cause a lot of problems for people, especially if they're trying to find jobs or housing opportunities.


In Texas, people can expunge their records to ensure their past criminal charges don't show up for people looking for them. Below is everything to know about how to expunge computer crimes in Texas. Our team also have insight on how to expunge counterfeiting charge in Texas.


What Exactly Is a Cybercrime Charge?

What Exactly Is a Cybercrime Charge?

A computer crime (also known as cybercrime, e-crime, or hi-tech crime) involves many illegal activities that use a computer network as a tool, venue, or target.


The internet is one of the biggest spaces hosting illegal activities, which include:


  • Illegal gambling

  • Cyberstalking

  • Child pornography

  • Identity theft

  • Bank account information theft


Texas has a section on its Penal Code (Title 7, Chapter 33) called "Computer Crimes." It outlines offenses related to the internet and computers in general.

Since these offenses often have a non-violent nature, they're considered "white-collar crimes." They're also considered white-collar crimes because they're used to obtain money or any other kind of personal/business advantage.


Some of the most important sections of Chapter 33 of the Texas Penal Code include:


  • Sec 33.01 - Breach of Computer Security: It involves using a computer system/network without authorization to disrupt services, get information, or cause any kind of harm to someone.

  • Sec 33.02 - Online Solicitation of a Minor: This section involves using electronic communication devices (like computers) to solicit minors for sexual or illicit purposes.

  • Sec 33.07 - Online Impersonation: Impersonation refers to using someone else's identity online without their authorization with the goal of threatening, intimidating, or harming another person.

  • Sec 33.021 - Online Harassment: This is one of the most common crimes. It refers to the usage of electronic communication devices to harass, abuse, annoy, or embarrass other people.

  • Sec 33.122 - Unauthorized Use of a Telecommunications Service: As the name implies, it involves the unauthorized use of telecommunication services. This includes the usage of computer systems without permission.


Dealing with computer crimes requires a thorough understanding of the criminal justice system. By getting help from a criminal defense attorney, defendants will have a much easier time finding evidence to build a case and protect their rights.


Once the offense isn't a problem anymore, it's time to file for an expungement.


What Is an Expunction?


An expunction is a legal process. It helps people remove criminal charges or convictions from their records. Also, it either destroys or seals the state's records of what happened.


Expunctions (also called "expungements") are crucial when removing serious felonies or misdemeanors from a record. Considering that charges, arrests, and convictions stay on a person's record forever, this is a process worth considering.


If someone is successful when expunging their offense, they can move on with their life without worrying about someone else finding out about their past when performing a background check.


How to Expunge Cyber Crimes in Texas


Before explaining how to expunge computer crimes in Texas, it's crucial to understand who qualifies for such a process. The fastest way to know is to schedule a free initial consultation with an expert attorney. These professionals can give their clients an overview of what to expect.


With that being said, these are the common reasons why someone may qualify for an expungement:


  • They were pardoned from a conviction based on innocence.

  • They were acquitted at trial.

  • The charges didn't result in a final conviction.

  • The statute of limitations for the offense expired.

  • They were pardoned by the Governor of Texas or the President of the United States.


Some people may also expunge their records even if they were convicted of specific misdemeanor offenses. Depending on the case, a person with a cybercrime charge may expunge their record if they get help from an attorney. For more information, our criminal attorney in Fort Worth may be able to help.


Here's how the process to expunge a person's records works:


1. File a Petition for Expunction

The first step is to file a "Petition for Expunction" with the district court. It must be the one that has jurisdiction over the person's record. This petition asks the court for an "Order of Expungement."


Petitions for expunctions must include crucial information, such as:


  • Petitioner's name and identifying information

  • Information about the offense and how it was resolved

  • Date of the arrest and name of the agency responsible for it

  • Date the charge was resolved

  • Case number (if applicable)


It's always a great idea to talk with a law office and get help from professionals to file this petition. Making mistakes during this process may result in the court not granting the order.


2. Schedule a Hearing

The court will schedule a hearing after receiving and reviewing the petition. It should provide notice to all the parties involved in the case. Prosecuting attorneys can either contest or agree to the expunction during the hearing.


Courts have a mandatory waiting period before granting an expunction. It depends on how severe the offense was.


Usually, the waiting period is 180 days for a "Class C" misdemeanor. In the case of "Class A" and "Class B" misdemeanors, the period increases to 12 months. The waiting period for felonies is at least three years.


People who file a petition for expunction must wait between six and eight weeks for the court to make a ruling.


3. Wait for the Records to be Cleared

If the judge signs the "Order of Expunction," the court clerk will send a certified copy to relevant parties, including city, state, and federal agencies. This copy requests these agencies to seal or destroy any records available of the offense.


People should note that this process will take a while to get completed. In some cases, the expungement process may take up to six months.


What happens if the orders have been sent, and there are still agencies with the records? The person's attorney can reach out and force them to delete the offense from the system.


Can People See That Someone Else's Record Was Expunged?


If the person was successful in expunging their records, no one should be able to see them. In most cases, there should be no evidence left of the person's charges.


However, does that mean that it's virtually impossible to see a person's records? Not necessarily. The internet has made it much harder for people to "delete" their past. In other words, it may be hard to erase every instance of a person's crime from the internet.


While this may be stressful for the person who expunged their crime, it has a solution.


Technically, it's a crime to spread information about records that have been expunged. With the help of an attorney, people can reach out to websites or agencies that still have the records up and request to remove all of them.


Another important thing to mention is that some agencies, such as the FBI, may have access to a person's records indefinitely. Expunction orders are signed by state judges, and unfortunately, they have no power over what federal entities do.


In other words, federal agencies can't be forced to delete anything. It's hard to say whether they will comply with the court's orders.



Why Should People Expunge Their Computer Crimes?

Why Should People Expunge Their Computer Crimes?


Expunging crimes has become more important recently. The main reason for that is that many agencies are performing background checks constantly.


Employers, colleges, and even landlords perform background checks on applicants. Most of them will impose disqualifications on those with a conviction.


In other words, people with criminal records will have a tough time finding employment opportunities, applying to schools or colleges, getting a new house, or even asking for government services. Usually, criminal records also affect a person's relationships with other people.


By getting an expungement, people can get a fresh start. In most cases, they don't have to disclose expunged convictions when applying for a job, school, or any other related agency/institution.


How Much Does an Expunction Cost in Texas?

The short answer is that it depends. Some of the most common factors affecting the cost include:


  • Attorney fees

  • Court fees

  • Complexity of the case

  • Type of charge


In most cases, it will cost more to expunge a state jail felony than a misdemeanor.


To get a better overview of how much a person will pay for their expunction process, they should consult with an attorney. They can also be helpful when dealing with how to expunge embezzlement charge in Texas.


Bottom Line


An expungement can help people wanting to move on from past arrests/convictions. With the right strategy, the person may have a much better chance of getting their petition approved.


Trying to tackle such a case without legal help will likely lead to mistakes. In any scenario, the best thing to do is to seek help from an attorney. At Sparks Law Firm, people in Ft. Worth, Texas, can talk to reputable experts who will always fight to protect their clients' rights.


Those interested in learning more about this firm can schedule a free consultation with the team.

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Sparks Law Firm

Justin Sparks has been defending clients across Fort Worth and Dallas for over a decade. Our firm helps you through the criminal process, from investigation to appeals. Free consultations for all new cases.

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