Expunctions and Non-Disclosure
Montgomery & Walker County Criminal Defense Attorney
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 causing you to lose job, education, loan 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, National Crime Information Center database, 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 law offices of Douglas W. Atkinson.
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.
To find out if you qualify for non-disclosure call the law offices of Douglas W. Atkinson at (936)760-0303.