Is it possible to seal criminal records in Texas?

May 08, 2013 (Press-News.org) Is it possible to seal criminal records in Texas?

Article provided by Kernan & Clark PC
Visit us at http://www.texasclarkfirm.com

A mistake that results in a criminal conviction can have many collateral consequences. In a tight job market, it can be hard to find a job when more companies require background checks before hiring. Finding a place or applying for higher education programs might also be more difficult. Even a criminal charge that is dismissed can cause problems, if it shows up on your record.

One way to move forward is to expunge or remove the arrest or conviction from your criminal record, so that it does not continue to haunt your future.
Expunction of records

In Texas, one way to seal arrest records, court records and criminal history is through an expunction. For instance, all records and files related to an arrest can be expunged if you were charged with an offense, but went to trial and were found not guilty. Some other records that are eligible for expunction include:
-A criminal charge later dismissed
-An arrest for a crime that did not result in a charge
-Some qualifying juvenile misdemeanor offenses
-A conviction for a crime that was later pardoned
-A Class C Misdemeanor in which deferred adjudication was completed

The Court will not grant an expunction if a felony conviction occurred within five years of the arrest the person is seeking to expunge. There are also other specific circumstances when the court will not grant a request.
Non-disclosure of records

It is a misconception that the records are automatically removed upon successful completion of probation through a deferred adjudication. Records related to the prosecution may still be available.

A petition for non-disclosure can prohibit law enforcement agencies from sharing public criminal history information related to certain deferred adjudication offenses. An experienced Texas criminal defense attorney can advise whether this procedure is available for specific offenses.
How to protect your right to an expunction:
-Speak with your attorney about an expunction from the beginning of his or her representation
-Ask your attorney whether the offense that you are charged with is eligible for an expunction
-Ask your attorney how long you must wait before proceeding with the expunction or non-disclosure
-Do not waive your right to an expunction

What is the practical effect?

After a successful petition that removes a criminal charge from your record, you are allowed to "deny the occurrence of the arrest and the existence of the expunction order." For example, you would not need to check the box on an employment form that asked whether you had been charged with a crime.

However, companies that offer background check services often compile data from online public records, private vendors and jails. If something makes it into the public domain, it may become very difficult to remove.

If a past criminal offense limits your employment, housing or educational opportunities, contact an experienced Texas criminal law attorney. An experienced advocate can discuss whether it may be possible to get an arrest or conviction removed from your record. Clearing your record is an investment in the rest of your life that pays for itself many times over.