Expunctions and Non-Disclosure

A criminal conviction or even arrest in your past can cause you significant difficulties in the future. Most employers, colleges, banks, law enforcement and even landlords conduct criminal background checks and if any criminal conviction is found in your background it may cause you to lose job, education, loans and housing opportunities.

The only way to prevent the public from discovering your criminal history is to file a petition for expunction or non-disclosure.

Expunction is the process by which your criminal charges and arrest are removed from your record. Once a criminal conviction is expunged the record cannot be discovered by anyone conducting a background check. Non disclosure is a process where the court seals your record from most segments of the public. The records are not erased by non-disclosure, but it will prevent many private entities from discovering your criminal history.

Who is eligible for expunction?

A petition for expunction may be filed to destroy the public record of your criminal charges and arrest in the following circumstances:

• The criminal charges were dismissed • The criminal charges were refused by the prosecuting attorney’s office • You were found ‘not guilty’ at trial • You were found ‘guilty’ at trial, but the Texas Court of Criminal Appeals overturned your conviction • You were found ‘guilty’ at trial, but received a pardon from the Governor • You received a deferred disposition for a class c misdemeanor offense

When you are arrested a public record is created that is entered into the Texas Crime Information Center database (TCIC), National Crime Information Center database (NCIC), and county records. Once entered, arrest records may be obtained by private entities including employers, colleges, banks and landlords. Just about anyone with access to the internet can find your criminal records. Even if the charges against you were dismissed, refused, or if you were found not guilty at trial the arrest record will still be in the database. You must file for an expunction to remove the arrest record.

If you were charged with a class c misdemeanor and received a deferred disposition you must file a petition for expunction. The charges will remain on your record even if you successfully complete the deferred disposition unless you move to have them expunged.

To find out if you qualify for an expunction call the Brashear Law Firm.

Who is eligible for non-disclosure?

If you are charged with an offense and completed a deferred adjudication successfully, you are eligible for non disclosure and the records may be sealed. If you went on a straight probation, even if completed successfully, you are not eligible for non-disclosure. A final conviction, such as time served, a jail or prison sentence, or even a fine and court costs, can never be sealed.

A petition for non-disclosure may be filed immediately upon completion of your deferred adjudication in many misdemeanor cases. However, for some misdemeanors and all felonies there is a waiting period before the petition can be filed. If you competed a deferred adjudication for one the offenses requiring a waiting period you cannot receive a new deferred adjudication, probation or conviction during that period. If you do you are ineligible for a non-disclosure of the original charge. Additionally, you cannot have a prior conviction for certain enumerated offenses.

If you meet the requirements and applicable waiting period, the petition for non-disclosure should be granted. Once the court signs the order for non-disclosure, any public agency that compiles such information is prohibited from releasing your criminal record.

MISDEMEANORS

In most cases, you can petition the court for an order of nondisclosure IMMEDIATELY upon successful completion of your deferred adjudication.

For certain crimes, a five year waiting period applies. These include:

Unlawful Restraint or Transport

Public Lewdness or Indecent Exposure

Assault Offenses (assault, deadly conduct, terroristic threat)

Offenses Against the Family (e.g., harboring a runaway, bigamy)

Riot, Obstructing a Highway, Cruelty to Animals

Weapons Offenses (e.g., unlawfully carrying a weapon)

FELONIES

In most cases, you must wait ten years after successful completion of your deferred adjudication before you can petition the court for an order of nondisclosure.

Certain offenses cannot be sealed with an order of nondisclosure:

Any Offense Requiring Sex Offender Registration

Aggravated Kidnapping

Murder

Capital Murder

Injury to a Child, Elderly Individual, or Disabled Individual

Abandoning or Endangering a Child

Violation of a Protective Order


Stalking

Other Family Violence Offenses

(violence or the threat of violence against a relative or a current or former housemate)

WHAT YOU MAY NOT KNOW

Even if your case has been dismissed by means of deferred adjudication, ANYONE who checks your criminal history will see that you have been charged with a crime, and that you entered either a "guilty" or "no contest" plea! Potential employers can easily access this information.

When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case. If you are arrested in any Texas County, these agencies may include the local county District Attorney's Office, the local police department, the local county Sheriff's Office, the local county bond desk, the local county jail, Texas Department of Public Safety, and the FBI.