Texas Expunction Attorney

Texas Expunction Attorney: Expunctions, Non-Disclosure Orders & Sealing Of Records

A Texas expunction attorney understands that nobody is perfect, and everybody makes mistakes once in a while. However, there are times when an error in judgment results in criminal charges. These legal charges may lead to conviction and jail time. But what if there was a way to have your record sealed so that the general public could not see it?

This article will give you information on expunctions, nondisclosure orders, and sealing of records in Texas and whether or not you are eligible for them.

Consequences Of Getting Convicted Of A Crime

A criminal conviction will follow you for the rest of your life and make it difficult to get a job, housing, or credit. Also, you will lose your right to vote and own or possess a firearm if you have a felony conviction. You may also have difficulty getting into college or professional school.

Your criminal record is public information and is accessible by anyone who wants to find it. Even a misdemeanor conviction can show up on background checks and make it hard to get a job or secure a housing loan.

In addition, an arrest record can also be damaging, even if the charges against you did not end with a conviction. Many employers, landlords, and colleges will not want to risk hiring or renting to someone with an arrest record, regardless of the circumstances.

Fortunately, there are ways to have your criminal records cleared or sealed from the public eye. You can have another shot to live your everyday life and get on with your future. This kind of chance is through expunction, nondisclosure orders, and sealing of records with the help of a Texas expunction attorney.

What Is An Expunction?

An expunction is a court-ordered process that destroys all your arrest and criminal charges records. It is as if the arrest never happened. The court will order the law enforcement agencies involved in your arrest to destroy their records. Also, the court will issue an order to the Texas Department of Public Safety (DPS) to expunge your criminal history.
You are legally allowed to say that you have never been arrested or charged with a crime after the deletion of your records. But this comes with some exceptions. You cannot lie about your expunged record on a job or housing application if the expunction is for a felony charge.

Eligibility For Expunction In Texas

You could be eligible for an expunction in Texas if you meet the following criteria.

• The statute of limitations has expired. You were arrested but never charged with a crime.
• The court dismissed charges against you.
• You received a not guilty verdict.
• You completed a pre-trial diversion or deferred adjudication.

However, you may not have your records expunged if the following holds true.

• You have been convicted of a crime. It does not matter if the ruling was later overturned on appeal.
• There are pending criminal charges against you.
• The court placed you under deferred adjudication for a crime.
• You are found guilty because of insanity.

If you are not eligible for an expunction, your Texas expunction attorney may still help you secure a nondisclosure order.

What Is A Non-Disclosure Order?

A nondisclosure order prohibits criminal justice agencies from releasing information about your arrest and conviction to the public. Once the order is in place, most employers, landlords, and colleges will not be able to see your criminal record on background checks.

However, there are some exceptions to nondisclosure. You will still have to disclose your criminal record in the following situations.

• Law enforcement agencies are obligated to share criminal records, even if a nondisclosure order is in place.
• Your record is still visible to government agencies that issue job licenses. For example, if you are applying for a teaching position, the Texas Education Agency (TEA) will still be able to see your criminal record.
• Those who hire people to work with children or the elderly will still see your criminal record.
• The Texas Department of Criminal Justice (TDCJ) and Board of Pardons and Paroles.

Eligibility For A Non-Disclosure Order In Texas

You may be eligible for a nondisclosure order in Texas if you meet these two requirements.

• You completed deferred adjudication for a misdemeanor offense.
• Ten years have passed since the completion of your sentence without any new convictions.

You are not eligible for a nondisclosure order if you are on deferred adjudication for a felony charge. However, a Texas expunction attorney may still help you qualify for the sealing of records.

What Is Deferred Adjudication?

Deferred adjudication is when the court agrees to dismiss your charges if you complete specific requirements. These include probation, community service, and counseling sessions. If you complete deferred adjudication, the court will dismiss your charges, and you will not have a conviction on your record.

Courts often grant deferred adjudication to first-time offenders for charges such as misdemeanor theft, drug possession, and assault as an alternative to a conviction. However, deferred adjudication is still a criminal proceeding, and the court can revoke your probation and sentence you if you violate the terms of your probation.

As mentioned earlier, you might still be eligible to have your records sealed if you did not qualify for a nondisclosure order. Your Texas expunction attorney can help you navigate this option.

What Is Sealing Of Records?

The sealing of records is a process that makes your criminal records unavailable to the public. After sealing your arrest or conviction records, employers, landlords, and colleges will not be able to see them on background checks. However, there are some exceptions to this legal remedy.

You will still have to disclose your criminal record to the following agencies.

• Law enforcement agencies.
• Certain licensing boards.
• The Texas Department of Criminal Justice (TDCJ) and Board of Pardons and Paroles.

Eligibility For Sealing Of Records In Texas

Meeting the two requisites below could qualify you for the sealing of records in Texas.

• You were placed on deferred adjudication for a felony charge.
• Ten years have passed since the completion of your sentence without any new convictions.

If you completed deferred adjudication for a misdemeanor offense, you are not eligible for sealing of records. However, you may still be suitable for a nondisclosure order. In this, a Texas expunction attorney can help you navigate this alternative.

Automatic Disqualification From Expunction, Non-Disclosure Orders & Sealing Of Records

You will not be eligible for expunction, a nondisclosure order, or the sealing of records if you have been convicted of certain types of charges. These are listed below.

• Murder.
• Capital murder.
• Aggravated kidnapping.
• Continuous sexual abuse of a young child or children.
• Indecency with a child, if the offense is committed by contact (as opposed to exposure).
• Aggravated robbery.
• Prostitution, if you are over 18 and you have been convicted twice or more.

Further, you will not be eligible for clearing your criminal records if the following holds true.

• You pleaded guilty or no contest to the charges.
• Later on, you committed another crime after completing deferred adjudication.
• Previously, you got convicted for an inexpungible offense and received a subsequent expunction order.

Texas Expunction Attorney: Expunction, Sealing & Non-disclosure

The process for expunction, sealing, or ordering non-disclosure of your criminal records varies depending on the county in which you were charged. You will need to file a petition with the court in that county. The district clerk will then set a hearing date and notify the prosecutor and law enforcement agencies involved in your arrest.

The expunction process can be complicated and time-consuming. An experienced Texas expunction attorney can help you through the process to ensure that it is done correctly and promptly.

To delete your record in Texas, you must meet the following requisites:

• File a petition with the court where you were convicted.
• Serve notice of the petition to the district attorney’s office and the Texas Department of Public Safety.
• Attend a hearing.
• Obtain an order from the court granting expunction.

If you are granted an expunction, you must file the order with the court clerk and submit it to DPS. Once an expunction is given, DPS will remove all your arrest and conviction information from its records.

You must accomplish the following requirements to qualify for a non-disclosure order:

• File a petition with the court where you were convicted.
• Serve notice of the petition to the district attorney’s office and the Texas Department of Public Safety.
• Attend a hearing.
• Obtain an order from the court granting non-disclosure.

Your criminal record is no longer available to the public when the court grants you a non-disclosure order. However, certain government agencies will still have access to your criminal record.

You must accomplish the following requirements to qualify for sealing of records:

• File a petition with the clerk of the court where your case was filed.
• Serve notice of the petition to the district attorney’s office.
• Attend a hearing.
• Obtain an order from the court to seal your records.

Once your records are sealed, they will be unavailable to the public. Do note that just like with a non-disclosure order, certain government agencies will still have access to your record.

How Much Does It Cost To Have Your Records Expunged In Texas?

The cost of deleting your records in Texas will vary depending on your record’s location. That is, it depends on which county holds your criminal file. You will likely have to pay a filing fee and the cost of serving notice to the district attorney’s office and the Department of Public Safety. On average, the total cost to complete an expunction process is between $500 and $1,000.

How Long Does It Take To Get Your Records Expunged In Texas?

The expunction process can take several months to complete after filing your petition. It can take a few weeks for the district clerk to set a hearing date and notify the prosecutor and law enforcement agencies involved in your arrest.

After the hearing, it can take the court a few weeks to issue an order granting expunction. Once you have received the order, you must file it with the court clerk and submit it to DPS. It can take up to 60 days for the agency to remove all your arrest and conviction information from its records.

What A Texas Expunction Attorney Can Do For You

A Texas expunction attorney can help you navigate the expungement process and ensure that your rights are protected. If you have a criminal record on file, contact a Texas expunction attorney today to discuss your case. Specifically, an expunction attorney can guide you in the areas listed below.

• Understand the expungement process.
• Determine if you are eligible for expungement.
• File the necessary paperwork.
• Represent you at a hearing.
• Obtain an order from the court granting expunction.

In addition, a Texas expunction attorney can help you with the expunction process and help you move on with your life. If you have been convicted of a crime in Texas, contact a Texas expunction attorney today to discuss your case.

The Medlin Law Firm is a criminal defense firm that expunges criminal records in Texas. They can help you clear your history to have a new lease on life. If you have been convicted of a crime in Texas, contact Medlin Law today to discuss your case.