A criminal history can dramatically affect your life. Employers can deny you a job. Landlords can refuse to rent to you. Lenders can deny you credit. Expungements are governed by section 55.01 of the Texas Code of Criminal Procedure. Expunction is the legal process through which criminal records of arrests are destroyed.
Learn more about how a Lake Jackson expungement attorney at JM Davis Law PLLC can help you achieve a second chance. Call (855) 390-0455.
Many people mistakenly believe that just because their case was dismissed, or they were found "not guilty" at trial that they have a clean record. This is not the case. Arrest records, court records, computer records and records of release all exist and persist even though the charges may have been dismissed. If you received any type of probation, either community supervision or deferred adjudication, the records cannot be expunged, regardless of how long ago the conviction occurred.
However, if you received deferred adjudication, you may be eligible for an Order of Non-Disclosure. Keep in mind that waiting periods and other exceptions apply to both remedies. For instance, subsequent convictions can preclude the issuance of a Nondisclosure Order. Contact JM Davis Law PLLC for a free consultation regarding expungements.
If the District Attorney's Office dismisses your case, or if you were put on a deferred adjudication for a Class C ticket or were never charged with the crime, you can have your record expunged. If an expunction is granted, all state agencies are ordered to destroy any records that they may have of the arrest. This means that the police department, the jail, the court, the clerk's office, and all other agencies that had official records of your arrest must destroy them. It's like it never happened.
An order of non-disclosure, under section 411.081 of the Texas Government Code, is a type of lawsuit that will seal your case from being visible in a criminal background check to most lookers. Under Texas law, a person who successfully completes deferred adjudication probation for certain criminal offenses, can apply for an order of non-disclosure that seals the records from the general public. If you were convicted of the crime you will not be eligible for an order of non-disclosure.
An order of non-disclosure seals records from the public, and prevents private companies that sell background checks from releasing that information to potential employers. However, law enforcement agencies as well as state agencies will still have access to this information.
Does your juvenile court record qualify for sealing? Your Texas juvenile record may be sealed in one of two ways. Certain records are automatically restricted from view by everyone but criminal justice agencies. You can also ask a court to seal your records, which provides more complete confidentiality.
Your record may qualify for restricted access if all of the following are true:
If you later commit a serious offense, your record will be removed from restricted access. Sex offender registration records and records related to criminal street gang activity cannot be restricted. (Texas Family Code §§ 58.202 to 58.211.)
In addition to the automatic restriction program, you can ask the court to permanently seal your record. Whether your record qualifies for sealing depends on the type of offense you committed.
For misdemeanor offenses, the court must seal your record if:
For felony offenses, the court may agree to seal your record if:
Additional circumstances for juvenile records:
Receive additional information about expungements and record sealing in Texas: Call JM Davis Law PLLC at (855) 390-0455 to speak with a Lake Jackson criminal defense lawyer from our firm in a free consultation.
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