Expunctions and Order of Non-Disclosure of Records
I've heard that I can have my criminal record cleared. How do I do that?
Well first, you need to determine whether your case is one that can be expunged or whether the court can issue an Order of Non-Disclosure.
You may qualify to have the records for your criminal case "expunged" or cleared. When an arrest is expunged all the records relating to your arrest will be destroyed and all references to it removed or purged from computers of the agencies containing them.
If you do not qualify for an expunction, you may still qualify to have your records "sealed" through an Order of Non-Disclosure. Under an Order of Non-Disclosure all the records will be sealed from public dissemination and released only to certain law enforcement agencies such as the FBI and DPS. In other words, no one else, even potential employers, can see your records.
How do I know if I qualify for an expunction?
Normally, any case that has been dismissed, resulted in an acquittal or pardon, or declined by the State, can be expunged if the case meets certain requirements. Even if the case was reduced to a Class "C" misdemeanor it may be expunged. Many factors determine whether your case can be expunged, such as the type of crime, the level of offense, and whether the statute of limitations has expired.
What if I was given deferred adjudication? Can I still have my record sealed?
Yes. When a case is "deferred" the judge does not enter a finding of guilt and the person is placed on probation. If the person successfully completes probation the case is dismissed and there is no final conviction. Most cases that are deferred, with some exceptions, are eligible for an Order of Non-Disclosure.
We offer free Consultations to determine if your case is eligible to be Expunged or can be sealed through an Order of Non-Disclosure.