EXPUNCTIONS AND NON-DISCLOSURES OF CRIMINAL RECORDS

If you have ever been arrested, even if criminal charges were dismissed or you were wrongfully arrested, employers may still discriminate against you based on your criminal record. Friends, family and associates may also discover your criminal history causing you great humiliation. The following quote, although true is not always the typical perception of individuals with a criminal record.

“Sometimes good people make bad choices. It doesn't mean they are bad people. It means they're human.”― Ishida Sui

While the preceding quote is the way it should be, in reality having a criminal record often creates the presumption that you are a bad person. This can be true even if there was no finding of guilt. Everyone has made bad choices at some point in their lives. Some people have been falsely arrested or simply been in the wrong place at the wrong time. Fortunately, in Texas the legal system believes in second chances. An expunction erases your criminal record and an order of Non-Disclosure also prevents the public from discovering an individual’s criminal record. Either remedy will allow you to pursue your life goals without the worries of being judged based on your past.

Eligibility for Expungement:

You may be eligible for expunction of your criminal record if:

• If you were found not guilty of the crime.

• If the charges were dismissed by the prosecutor.

• If you were found guilty and put on deferred adjudication of most class C misdemeanors.

• Any juvenile offense.

• Arrest of a person that is not charged if a case is not filed and there is no felony offense arising out of the same transaction for which the person was arrested.

• Arrest, charge, or conviction on a person’s record due to identity theft by another individual who was actually arrested, charged, or convicted of the crime.

In some cases an expunction is not available. For example:

• A DUI is not eligible for expungement.

• If you were convicted and sentenced to incarceration or probation

• If you were placed on deferred adjudication for a felony or a Class A or B misdemeanor.

• If the arrest relates to a probation violation warrant or if the person absconds from the jurisdiction after being released on bond.

• A felony charge that has been dismissed if the statute of limitations for the crime subject to the dismissal has not yet expired.

• A charge which a person was acquitted and the acquittal arose out of a criminal episode and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

Waiting Periods for Expungements and Non-Disclosures in Texas:

The waiting Period for an expunction or Non-Disclosure Order are as follows:

• At least 180 days from the date of the arrest for a Class C misdemeanor.

• One year for Class A and B misdemeanors.

• Three to five years for a felony.

Non-Disclosure Orders:

If you are not eligible for an expunction an alternative remedy is to file for a Petition for Non-disclosure. Records subject to a nondisclosure order are removed from public record and are not discoverable by private employers or the public in general. Petitions for Non-Disclosure can be granted if you completed deferred adjudication and probation. The following crimes are not eligible for Non-Disclosure:

• Family violence

• Sex offense requiring registration

• Aggravated kidnapping

• Murder

If you would like to put any criminal history behind you for a fresh start at life you should hire an experienced attorney to file for an expunction. You may contact my office in Houston, Texas at (832) 500-8911 or send your information using this link.