Expunction: How To Clear Your Criminal Record In Texas

In today’s society, having a criminal record can be a heavy burden. It can limit your employment, housing, and education opportunities and leave a lasting impression on those who come across it. But what if there was a way to erase the past and start fresh? That’s where the concepts of expunction, nondisclosure, and sealing of records come into play.

Expunction refers to the complete erasure of a criminal record as if it never existed. Nondisclosure restricts public access to the record while sealing of records involves closing it off to the public but is still available to specific agencies. These legal processes allow individuals to move forward and leave their criminal history behind.

This article will delve into the ins and outs of expunction, nondisclosure, and sealing of records in Texas. It will explore the eligibility requirements, the impact on a person’s record, and the costs and timeline involved. By the end, you’ll better understand your rights and options for clearing your criminal record and starting anew.

Expunction In Texas

Expunction refers to the legal process of destroying or erasing a person’s criminal record, making it seem like the arrest or conviction never occurred. In Texas, the right to seek expunction is granted under the Texas Code of Criminal Procedure, Chapter 55. To be eligible for expunction in Texas, specific criteria must be met, such as if the person was arrested but not charged or if charges were dismissed (Texas Code of Criminal Procedure, Chapter 55.01). If a person was convicted, they may still be eligible for expunction provided that they get a subsequent acquittal during an appeal or if the court pardons them.

The process of expunction involves filing a petition with the court and following the proper procedures outlined in the Texas Code of Criminal Procedure, Chapter 55.03. It’s important to note that not all criminal offenses are eligible for expunction, and those eligible may have different requirements. For example, certain misdemeanor offenses, such as a minor in possession of alcohol, or failure to attend school, may be eligible for expunction, while others may not, such as assault to commit a sexual act (Texas Penal Code, Title 8, Chapter 12). The same applies to felony offenses (Texas Penal Code, Title 8, Chapter 12).

The impact of an expunction on a person’s criminal record is significant. Once the expunction is granted, the arrest or conviction record is destroyed and cannot be accessed by the public (Texas Code of Criminal Procedure, Chapter 55.02). This means that potential employers, landlords, and others conducting background checks will not be able to see the record. This can positively impact a person’s life, including increased job opportunities, improved housing options, and better educational opportunities.

Nondisclosure In Texas

Nondisclosure is a legal process that allows individuals to keep their criminal records confidential, allowing them to move forward with their lives.

In Texas, the right to seek nondisclosure is granted under Texas Government Code, Chapter 411. To be eligible for nondisclosure, specific criteria must be met, such as the completion of deferred adjudication probation (Texas Government Code, Chapter 411.071). The process of obtaining a nondisclosure involves filing a petition with the court and following the procedures outlined in Texas Government Code, Chapter 411.072.

It’s important to note that not all criminal offenses are eligible for nondisclosure in Texas, and those eligible may have different requirements. For example, certain misdemeanor offenses, such as DWI, may be eligible for nondisclosure, while others may not, such as any offenses that require the individual to register as a sex offender. (Texas Penal Code, Title 8, Chapter 12). The same applies to felony offenses (Texas Penal Code, Title 8, Chapter 12).

Once a nondisclosure is granted, the arrest or conviction record is kept confidential and not accessible to the public (Texas Government Code, Chapter 411.073). This means that potential employers, landlords, and others conducting background checks will not be able to see the record, with certain exceptions, such as law enforcement or government agencies. This can significantly impact a person’s life, including increased job opportunities, improved housing options, and better educational opportunities.

Sealing Of Records In Texas

The right to seal records in Texas is granted under Texas Government Code, Chapter 411. This process requires filing a petition with the court, which may be granted if specific criteria are met, such as successful completion of deferred adjudication community supervision (Texas Government Code, Chapter 411.081).

Sealing records allows individuals to restrict public access to their criminal records without destroying them. However, not all criminal offenses are eligible for record sealing, and those eligible may have varying requirements. For instance, some misdemeanors may qualify for record sealing after a specific time frame, while others may not. Similarly, certain felonies may have different requirements for record sealing.

It is important to note that sealing records in Texas can take several months and may incur filing fees and other costs. It’s highly recommended that you seek the advice of a qualified attorney to understand your case’s specific details and requirements.

Once a record sealing is granted, the arrest or conviction record will no longer be available to the public. However, the record will still be accessible to law enforcement and certain government agencies for purposes such as background checks for employment or licensure.

Sealing records provides a way to protect one’s privacy by restricting public access to criminal records while still allowing access to those who need it. The eligibility requirements, impact on one’s record, costs, and timeline involved in the process should be considered before pursuing a record sealing. With proper guidance, obtaining a record sealing can offer privacy and protection for eligible individuals.

Eligibility Requirements

Expunctions are mostly available to individuals arrested or charged with a crime but not convicted. The arrest or charge must have been dismissed or resulted in a finding of not guilty. Furthermore, the individual must not have any other pending charges or previous convictions (Texas Code of Criminal Procedure, Article 55.01). However, convicted individuals may still be eligible for expunction if they are subsequently acquitted during an appeal process or the courts determine that they are innocent all along. 

Nondisclosure is available to individuals who have completed deferred adjudication community supervision for a criminal offense (Texas Government Code, Chapter 411.081). This means the individual was placed on probation but was acquitted of the crime. The individual must also not have any other pending charges or previous convictions.

Sealing of records is available to individuals who have been convicted of certain misdemeanors or have received deferred adjudication for certain felonies (Texas Government Code, Chapter 411). However, not all offenses are eligible for record sealing, such as domestic battery, reckless driving, and sex-related offenses. The eligibility requirements for each can vary. For example, some misdemeanors may qualify for record sealing after a specific time frame, while others may not. Similarly, certain felonies may have different requirements for record sealing.

It is important to note that the eligibility requirements for expunction, nondisclosure, and sealing of records can be complex. It would be helpful to consult a qualified attorney if you want to determine your eligibility. Additionally, the requirements may change over time, so it is vital to seek the most up-to-date information.

Keep Your Criminal Record Out Of The Public Eye

Securing expunction, nondisclosure, and sealing records in Texas is essential to protecting one’s privacy and reputation. An expunction will destroy all criminal records as if the offense never happened. Even the prosecutors will not be able to recover expunged records. Nondisclosure limits access to your criminal records, while sealing records will prevent public access to your records. In order to succeed in appealing for your criminal records, here are some of the best practices to increase your chances. 

Hire an experienced attorney: An attorney knowledgeable about the laws and procedures surrounding expunction, nondisclosure, and sealing of records can help you navigate the process and increase your chances of success.

Understand eligibility requirements: It is crucial to note that only some people are eligible for expunction, nondisclosure, or sealing of records. It is essential to understand the eligibility requirements and if you meet them.

Gather all necessary documents: You will need to gather all relevant documents, such as arrest records, court records, and dispositions, to support your request for expunction, nondisclosure, or sealing of records.

File a petition: Once you have gathered all necessary information and documents, you will need to file a petition for expunction, nondisclosure, or sealing records.

Attend court hearings: You may be required to attend a hearing where a judge will determine if your request will be granted.

Notify relevant agencies: If your request is granted, it is important to notify all relevant agencies, such as law enforcement and government agencies, to ensure that they comply with the order.

Following these best practices can help ensure a successful outcome in securing expunction, nondisclosure, and sealing records in Texas. Hiring an experienced attorney, understanding the eligibility requirements, gathering necessary documents, filing a petition, attending court hearings, and notifying relevant agencies are all critical steps. Moving forward, seeking legal assistance is essential to fully understand your rights and ensure the best outcome in your specific case.

Seek Legal Assistance From A Criminal Lawyer

The process of expunction, nondisclosure, and sealing records can be complex and requires a thorough understanding of Texas criminal law. For individuals seeking to move forward with a clean slate, seeking the help of a qualified attorney is essential.

The Medlin Law Firm has years of experience in Texas criminal law and can provide valuable assistance in navigating the expunction, nondisclosure, or sealing of records process. The firm understands the importance of protecting one’s reputation and ensuring that a criminal record does not impede future opportunities.

A qualified attorney at The Medlin Law Firm will work closely with individuals to understand their circumstances and guide them through the process. The firm has a strong track record of helping clients achieve the best possible outcome and is dedicated to protecting their rights and interests.

If you are seeking assistance for expunction, nondisclosure, or sealing of records in Texas, The Medlin Law Firm can help. Contact the firm today to schedule a consultation and learn more about your legal options.

 

Check: Definition Of Misdemeanor In The State Of TX
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