Petitions for Non-Disclosure of Criminal Records in Texas
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Sealing Criminal Records in Texas
 
 

The lawyers at Rush & Gransee are constantly being asked about expunging or expunction of adult criminal records. The recent interest in expunging Texas criminal records or sealing records in Texas is because nearly everyone will have their background investigated at some point in their lives. We are experienced Texas Lawyers that have obtained expunction orders for many of our clients. We keep up to date on the law on expunging criminal records and can usually determine whether it is worth pursing on a case by case basis.

As recently as a few years ago a deferred adjudication or a dismissal was “good enough” and would satisfy almost anyone concerned about their criminal history. However, today many people are finding that a minor offense that was dismissed is coming back to haunt them in either job applications, credit applications or even in an attempt to rent an apartment. The problem is caused by the records kept by the police department, the prosecuting authorities or the Texas Department of Public Safety or any of the other Texas agencies. There are over 12 different state and federal agencies that maintain an individual’s criminal history. Even if a case is dismissed there are records available that will at a minimum reflect that you have been previously arrested for a criminal offense.

With the advancing information age and governments ability to use the information highway to disburse and disseminate criminal histories it has become increasingly important to seal or expunge, if possible, one’s criminal history.

There are two statutory methods whereby an individual can seal or expunge his adult criminal record in Texas. One method is an expunction of the criminal arrest records related to an alleged criminal episode or arrest. Another method is an order of non-disclosure, sometimes referred to as sealing of the criminal records. These two methods are set out in detail in the Texas Code of Criminal Procedure for expunctions and in the Texas Government Code for obtaining an order of nondisclosure.

Once the expunction order is final, the individual may deny on an employment, school, military or other application the existence of the arrest and expunction order. The person may even deny in a civil proceeding (under oath) the arrest and existence of the expunction order. Only when under oath in a criminal proceeding must the individual acknowledge the expunction order. An expunction order in Texas almost wipes the slate clean regarding an arrest as most entities will be ordered to destroy the records of the arrest. An expunction order will allow an individual to deny in an employment application the arrest and charge and that it was expunged.

An order of non-disclosure in Texas doesn’t destroy any records it only restricts when and to whom the material can be released to. An order of non-disclosure doesn’t wipe the slate clean it only limits the dissemination of the material to third parties. The order of non-disclosure is often referred to as sealing the criminal record because the record is not destroyed or deleted. The non-disclosure order prohibits criminal justice agencies from disclosing to the general public the information in the record. The information is still available to various state agencies and licensing boards.

Obtaining an expunction in Texas can be difficult and is limited by statute. Expunctions in Texas are only available when all of the statutory elements have been met. Expunctions must be filed in the county of arrest. Expunctions are available if a defendant was found not guilty, ie., acquitted. Also, if a misdemeanor case is dismissed the defendant will usually be entitled to an expunction regardless of the reason for the dismissal. However, an expunction is not available if the defendant was placed on deferred adjudication and the case was dismissed upon successful completion of the period of supervision. The reason for a misdemeanor dismissal is not relevant unless the reason for the dismissal was completion of deferred adjudication. A small exception may exist for cases that are reduced to class “c” misdemeanors and that are dismissed after a short period of unsupervised deferred adjudication.

It is much more difficult to get a felony case expunged. If a felony case is dismissed the court will inquire as to the reason for the dismissal. The court will usually require that the indictment or information was dismissed because the presentment of the information or indictment was made because of mistake, false information, or similar reason indicating absence of probable cause. Also, it is necessary that the period of limitation for the offense expired prior to filing the petition for expunction. This will require a waiting period for most cases. And finally, to expunge a felony offense it is necessary that the person has not been convicted of a felony in the five years preceding the date of the arrest. It is not possible to get a case expunged in Texas if the defendant was placed on any period of community supervision unless pardoned.

It is necessary to review the pertinent statutory schemes based upon the date of the arrest or alleged offense date. The expunction statute varies slightly according to the date of the arrest and needs to be researched to determine whether it is available in each case.

An individual should attempt to get an order of nondisclosure if they don’t qualify for an expunction, because the dismissal was based upon successfully completing deferred adjudication. If a case was dismissed at the end of deferred adjudication an individual can get an order of nondisclosure which will seal the record for many purposes. Orders of nondisclosure can be obtained for most misdemeanor offenses immediately. A few misdemeanor offenses, including weapons cases, have a two year waiting period. Felony cases have a five year waiting period.

The sealing or expunging of juvenile records is covered under different statutes and a lawyer should be consulted to determine when and if it is possible.

At Rush & Gransee, L.C. we will research the law and your record to determine how best to eliminate or reduce any blemishes on your record that appear. The lawyers at Rush & Gransee, L.C. will advise clients as to their rights throughout Texas, including San Antonio, Sequin, New Braunfels, Kenedy, Floresville, Hondo, Junction, Cotulla, Boerne, Uvalde and Wilson County, Bexar County, Guadalupe County, Hays County, Kendal County, Kerr County, Medina County, and Uvalde County.

Call to speak to one of our Texas lawyers regarding expunging or sealing your criminal record. Call us at 210-223-9200 or toll free 1-888-501-9299 for an initial free consultation.