Craig Glickman Law Firm

Expunge Criminal Record


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Expunge Criminal Record

You may be eligible to expunge a criminal record in Texas or seal a criminal record in Texas. If you do this, you can deny in almost all applications for employment, information, or licensing to state that you have been the subject of any criminal proceeding related to the criminal record that was expunged or sealed.

Are you ready to erase a criminal record in Texas? Would you like to clear a criminal record in Texas?

The legislature has wisely established laws that enable an eligible citizen to seal a criminal record in Texas by first filing a petition for nondisclosure. If these citizens do not exercise their right to seal the criminal record in Texas, then employers, apartment managers, school admissions committees, and private individuals will be able to see the record. If you are eligible, you have many reasons to take advantage of the opportunity to seal your criminal record in Texas by first filing a petition for nondisclosure.

You may have heard this also described as expunging a record, expunction of a record, or expungement of a record. But these three terms all refer to a different procedure in Texas - to expunge a criminal record in Texas. Expunging a criminal record is not the same thing as a petition for nondisclosure that can seal a criminal record in Texas.

True Story

Rachel M. was arrested for possession of marijuana under 2 oz. in March, 2008. Her defense attorney filed a motion to suppress the evidence against her, arguing that the officer did not have reasonable suspicion to detain her. Her case was dismissed. Two years later Rachel applied for an apartment near her university. Her application was denied because of her criminal arrest record in Texas. She contacted her attorney who filed a petition to expunge the criminal record in Texas. The court expunged her criminal record. Three months later Rachel applied for the same apartment complex and her application was accepted. You, too, can benefit when you clear a criminal record in Texas. You can be helped immediately when you erase a criminal record in Texas!

Expunctions and Non-Disclosures

Expunctions and non-disclosures differ from each other. Expunctions destroy any criminal records so that not even law enforcement can see the record. Non-disclosures essentially seal the record from public view, but law enforcement can view it.

Again, once your record is expunged or sealed, you are not required in any application for employment or licensing to state that you have been the subject of any criminal proceeding related to the information that is the subject of your non-disclosure order. Texas Gov't Code 411.081(g-2)

You may also deny the occurrence of the arrest and prosecution related to the information, unless the information, in the case of a non-disclosure, is being used against you in a subsequent criminal proceeding or is a special exception for certain professional licenses. Texas Gov't Code 552.142

You have the right to an expunction if you have been acquitted by a trial court, or Court of Criminal Appeals, or you have been pardoned. You also have the right to an expunction if you were arrested but a) the case was not filed, was dismissed or "no billed" and either 1) no indictment or filing by information occurred and the waiting period has passed (180 days for class C misdemeanors; 1 year for Class A and B misdemeanors; 3 years for all felonies), or 2) indictment or filing by information was dismissed for mistake or fraud, or 3) the statute of limitations has expired. If you receive a deferred disposition for a class C misdemeanor, you may expunge the record after a successful completion of the deferred adjudication and the dismissal of the charge.

True Story

James N. was indicted for negligent homicide when his vehicle struck and killed a man on the highway. The DA argued that the excessive speed and careless driving of James caused the death. The defense presented evidence supporting their claim that James was driving within the speed limit and exercising reasonable caution. The jury found James not guilty. Still, when James applied for a job in his field a company denied him employment when they saw he had been arrested for a serious charge that had resulted in the death of a pedestrian. James contacted his attorney who filed a petition for expungement of the record of the arrest and indictment. Within months James had a job in the field of his choice.

Two Ways to Clear Criminal Record

We can clear a criminal record in Texas in two different ways. Some parts of your record may be eligible for expungement. Other parts may be eligible to be sealed after successfully filing a petition for non-disclosure. Either way you may be eligible to completely or substantially erase your criminal record in Texas.

You have the right to a non-disclosure of your offense after a successful discharge and dismissal of a deferred adjudication. In some cases there is a waiting period after the successful completion of the deferred adjudication. You must wait five years for felonies; 2 years for misdemeanors under Penal Code Ch. 20, 21, 22, 25, 42 and 46 (these include unlawful restraint, offenses, assaultive and disorderly conduct and weapons offenses); but you are immediately eligible for almost all other misdemeanors.

However, a person is ineligible for a non-disclosure if ever convicted or placed on deferred adjudication for: indecency with a child; aggravated kidnapping with intent to abuse victim sexually; burglary of a habitation with intention to abuse victim sexually; compelling prostitution; possession or promotion of child; unlawful restraint; kidnapping or aggravated kidnapping of person younger than 17; capital; abandoning or endangering child; stalking; aggravated sexual assault; sexual assault; incest; sexual performance by a child; indecent exposure (2nd conviction); attempt, conspiracy, or solicitation to commit any of the previous offenses; online solicitation of a minor; continuous sexual abuse of young children; injury to a child or elderly; violation of a protective order; any offense involving family violence.

True Story

Robert M. was arrested for misdemeanor A criminal mischief when he and a group of high school friends damaged property at a bar the night of graduation. He waived his right to a trial and entered into an agreement with the state for two years of deferred adjudication probation. "Adjudication" refers to the determination of guilt or innocence. Since the adjudication was deferred there was no determination of guilt or innocence - no conviction. Robert successfully completed his probation period, including working diligently to repay the cost of the damage he had caused. Yet when a woman he met on a social networking site looked up his background, she discovered he had a criminal record and declined to meet him. Robert contacted his attorney who filed a petition for non-disclosure to seal a Texas criminal record. Three months later Robert met another woman on the Internet. She also did a background check. Finding nothing, she accepted his invitation to meet.

Isn't it time for you to clear a criminal record in Texas?