The Benefits of Clearing or Sealing Your Criminal Record
Whether improving your chances of getting a better job or obtaining closure from a stressful event, there are many benefits to clearing or sealing your record. Make the most of your second chance and move forward by pursuing an expunction or an order of non-disclosure with the help of legal representation.
At Jason S. English Law, we understand the importance of having a clean slate. That's why we specialize in helping individuals with criminal records navigate the legal process of expunctions and non-disclosures. Read on to learn more about how these legal options can unlock new opportunities for you.
Expunction: Erasing Your Criminal Record
Expunctions are intended to remove records of wrongful arrests or charges resulting in acquittals or dismissal. Chapter 55 of the Code of Criminal Procedure governs expunctions. The major types of expunctions are acquittals and pardons, dismissals and no-bills, and identity thefts.
Records of an arrest for a misdemeanor or felony offense are subject to expunction. Statutory expunction provisions do not cover arrests for contempt of court or probation violations, and thus, such arrest records could not be removed via expunction.
Typically, an expunction deals with an "arrest," as opposed to the offense charged. For most cases, your case must not have resulted in any type of community supervision or final conviction – the charges must have been dismissed, declined, or rejected. Further, if a person enters a plea to a lesser included offense or if enters a plea to only one of multiple offenses charged, no expunction can be granted because of a conviction for "an offense arising out of the arrest."
However, if the arrest was for a new offense and an existing warrant for an offense on a previous date, a petitioner for expunction could meet the elements for the multiple offenses occurring on different dates but from one arrest. A court may not grant an expunction for an acquittal if one was convicted or other charges remain pending out of the same criminal episode.
If a trial court acquitted a person, they are entitled to an expunction. A pardon will also entitle a person to an expunction. However, if a person is found not guilty because of insanity, such a finding will not provide for an expunction.
An expunction for an offense that was never tried is the most complicated. There are two main requirements: the person was released without a conviction or supervision, and either the statute of limitations or the waiting period has passed. Expunctions are available if the statute of limitations period has expired, barring prosecution of the case.
A person may also receive an expunction if the case was dismissed pursuant to completing a pretrial intervention or veterans court program or because of a lack of probable cause at the time of dismissal to believe the defendant committed the charged offense.
There are also some expunctions outside of Chapter 55 of the Code of Criminal Procedure that provide for expunctions in typically Class C offenses for juveniles (Tobacco or Alcohol use by minors).
Non-Disclosures: Sealing Your Criminal Record
While expunctions were intended to correct situations where one was wrongly arrested, non-disclosures are intended for low-level and first-time offender. An order of non-disclosure essentially "seals" one's record so the arrest won't show on one's criminal history.
For example, when one is placed on a period of deferred adjudication, there is an arrest on the criminal history but no conviction for the offense. After an order of non-disclosure is granted, a regular background check will not reveal the case; only law enforcement and some state agencies will maintain access to the information. However, certain employers, such as government agencies and school districts, may still have access to the sealed record.
To be eligible for an order of non-disclosure, you must have been placed on deferred adjudication probation. Additionally, certain offenses are not eligible for non-disclosures, including but not limited to sex offenses, family violence offenses, DWI/DUI convictions, and convictions for stalking or violating a protective der. You must also have successfully completed the terms of your deferred adjudication, and a certain waiting period must pass before you can apply for an order of non-disclosure.
Why You Should Consider Expunction or Non-Disclosure
There are numerous reasons why expunctions and non-disclosures can greatly benefit individuals with criminal records. Some potential benefits include:
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Improved job prospects: Many employers conduct background checks as part of their hiring process, and having a clean record frees you from disclosing past mistakes that may negatively impact your chances of getting hired.
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Peace of mind: Knowing that your criminal record is cleared or sealed can provide a sense of closure and allow you to move forward without the constant reminder of past mistakes.
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Increased eligibility for loans, housing, and other opportunities: Having a criminal record can make securing loans or finding suitable housing challenging. With an expunction or non-disclosure, you can avoid having this information come up in background checks and potentially improve your chances of obtaining these opportunities.
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Restored voting rights: In some states, a criminal record can result in the loss of voting rights. Expunctions and non-disclosures can help restore these rights for eligible individuals.
It's important to note that expunctions and non-disclosures do not guarantee the complete erasure of your criminal record. Certain agencies and organizations may still have access to this information, and you may be required to disclose it in certain situations, such as applying for a professional license or government job.
However, obtaining an expunction or non-disclosure can significantly improve your chances of moving on from past mistakes and opening up new opportunities for yourself. If you believe you may be eligible for either option, it's best to consult with a criminal defense attorney who can guide you through the process and determine the best course of action for your specific situation.
EXPUNGEMENT LAWYER IN AUSTIN
A criminal record can significantly hinder many aspects of life, including job opportunities and personal growth. By seeking an expunction or an order of non-disclosure, you can take control of your future and start fresh. Our experienced team of legal professionals at the Jason English Law Firm is dedicated to helping individuals in Texas get their records cleared or sealed so they can confidently move forward.
We understand that obtaining an expunction or an order of nondisclosure can be confusing and overwhelming. That's why we're here to help you navigate the legal system and provide the support you need to achieve a successful outcome. With years of experience and a proven track record of success, we have the knowledge and expertise to guide you through every step of the process.
Don't let a criminal record hold you back any longer.
Call us today to schedule a free consultation and find out how we can help you get an expunction or a non-disclosure order. With our help, you can take advantage of your second chance and live your life to the fullest. So why wait? Call us now at 512-489-9274, and let's get started!
