Asked 4/15/2016 – San Marcos, TX

I had an expunction signed and approved in San Marcos Texas. I would like to know what the expunction process is like after it has been granted. I called the district clerk and they told me that they had sent a 306 notice to all the parties listed in my expunction. What is a 306 notice and when will the order of expunction be sent?

Answer

The expunction order becomes final 30 days after it has been signed by the Judge (a party has 30 days after an order is signed to file a motion for new trial, so that is the reason for the 30 day waiting period). Once the order is final, the clerk of court will send notice to the agencies listed in the order to destroy all records regarding the matter. Keep a certified copy of the order for your records; with the proliferation of 3rd party, non-governmental background check services, the possibility of someone discovering this matter still exists. If this occurs, you will have to notify that 3rd party directly to remove said records.