Expunction and Non-Disclosure
Did you know that having a case dismissed does not automatically clear your record?
If you have been arrested, it IS on your record if you do not obtain an Expunction or, if you do not qualify for the expunction, a Non-Disclosure Order. Many people find that having an arrest, much less a conviction, on their record affects their ability to easily find a job, rent an apartment, obtain a professional license, or qualify for student loans. Contact us to see if you qualify for either an Expunction or an order of Non-Disclosure so that your past mistakes won’t affect your future.
Expunction of Your Criminal Record In Conroe
An Expunction is the complete erasing of a criminal record, which means no company, individual, or government agency could see that it ever existed and it could not be used against you if you are ever in legal trouble in the future. Expunctions are governed by Chapter 55 of the Texas Code of Criminal Procedure. Expunctions are much more difficult to obtain than a Non-Disclosure. To qualify for an Expunction, your case must have been dismissed (without deferred adjudication probation), you must have been acquitted (found “not guilty”) at trial, or the governor of Texas must have pardoned you. Even then, Expunctions are not automatic. It is a process which requires signatures of twelve different law enforcement agencies and to which the state can object. The judge has the discretion to grant an Expunction regardless of whether an objection is raised.
An Attorney can help you with your Expungment leg work immensely.
Non-Disclosure of Your Criminal Record
A Non-Disclosure is the sealing of your criminal record so that it may only be released to certain government agencies. It essentially prevents individuals and companies from seeing an arrest or deferred adjudication probation on a particular case. Non-Disclosures are governed by Section 411.081 of the Texas Government Code. You can petition the court in which you were placed on Deferred Adjudication probation to grant the Non-Disclosure. To be eligible, you must have successfully completed the Deferred Adjudication probation. Additionally, for many offenses, there is a waiting period after your probation has been completed and the case has been dismissed before you can file a petition for Non-Disclosure. The length of the waiting period depends on the charge for which you were placed on Deferred Adjudication. However, if you were originally charged with a DWI and you received Deferred Adjudication for a different offense for a dismissal on the DWI, there is a possibility that you may not be eligible for either an Expunction or Non-Disclosure on the DWI arrest. Like many instances in criminal defense, it is important to hire an attorney who is familiar with these little nuances of the law.