Under Texas law, “not guilty” is not the same as “acquitted”. While the general public tends to use the two as synonyms, the difference is big for a defendant, as an acquittal opens doors to a future unburdened by the past. If you have stood trial and won, the verdict is just the start of a new legal journey for you.
The significance of an acquittal in legal terms
An acquittal occurs when a judge or jury decides that the prosecution has not met its obligation to prove guilt “beyond a reasonable doubt.” This works different than a dismissal, which may allow the State to refile charges, or a “no contest” plea, as an acquittal is safeguarded by the Double Jeopardy Clause of the Fifth Amendment. This means the State is legally prohibited from retrying you for the same offense, marking the highest level of conclusiveness in our justice system.
The path to clearing your record
A common misconception about this procedure is that a “not guilty” verdict automatically removes an arrest from the individual’s criminal record. But even after this verdict, the arrest record remains accessible to employers, landlords, and the public unless you take further action. But according to the, the Texas Code of Criminal Procedure, an acquittal can lead to an expunction.
- Immediate eligibility: Unlike many record-clearing procedures in Texas that involve lengthy waiting times, an acquittal allows you to request expunction swiftly.
- An “eraser” effect: A successful expunction mandates all state and local agencies to eliminate all records of your arrest, as if it had never happened.
An acquittal is the consequence of a strategic defense, but if you want to protect your future, an expunction is key. An experienced attorney can be a useful resource to finalize your win and move over, unburdened by the past.