State law provides paths for removing an arrest from your personal record in Texas. These paths require legal and procedural knowledge, which is why it’s important to have counsel on your side as you go through the process of getting your personal record expunged in Georgetown, Round Rock, San Marcos,or Austin, Texas.
At Morales & Sparks, we work to help you get the expunction or non-disclosure you need. Arrest and criminal records can prevent you from getting a job and fully functioning as a member of the community. We may be able to help you get your life back through successful expunction and non-disclosure.
Expunction vs. Non-Disclosure
The key difference between expunction and non-disclosure is a matter of destruction vs. sealing. Think of expunction as a destruction of your personal record. It would be as if your arrest of crime never had existed.
Non-disclosure, on the other hand, simply seals your record from review. If a private agency is performing a background check, your arrest or crime would not be visible.
Am I eligible for Expunction in Texas?
It’s important to know that some expunctions are at a judge’s discretion, while others are mandated by law. Because of this, it’s difficult to summarize a comprehensive list of those who are eligible. That said, here are a few cases in which expunctions are common:
- Criminal charges that ended up dismissed
- Arrests for crimes that ended up with no charge
- Arrest for crimes that ultimately reached non-guilty verdicts
- Arrests, charges and convictions that resulted from a stolen identity
- Any conviction overturned on appeal or pardoned by the governor or president
Each case is unique and has its own merits, and you may have a circumstance that makes expunction impossible. For example, an individual arrested for one charge and later convicted on a lesser charge will be disqualified from expunction.
Who’s Eligible for Non-Disclosure?
If you are ineligible for expunction, non-disclosure may be a viable alternative. Non-disclosure candidates must meet or achieve four criteria:
- Deferred Adjudication: The individual in question must successfully complete the deferred adjudication process, which essentially places the individual on probation for a set period with the promise of non-disclosure.
- Waiting Period: While some misdemeanors require no waiting period, other misdemeanors require a two-year waiting period. For felonies, the waiting period is five years.
- Criminal History: In some cases, criminal history can disqualify an individual from receiving non-disclosure.
- Best Interest of Justice: After deferred adjudication and the waiting period, a judge must consider the case for non-disclosure and deem it in the “best interest of justice.”
Juvenile Expunction and Non-Disclosure
Juvenile offenders are eligible for both expunction and non-disclosure. Expunction is commonly granted in cases of alcohol offense convictions by minors, convictions for failure to attend school, as well as other misdemeanor offenses.
Some juvenile offenders mistakenly think their records are automatically sealed. This is not the case. While many juvenile offenses can be sealed through non-disclosure, others are disqualified.
Counsel for Your Expunction or Non-Disclosure Case
At Morales & Sparks, we treat you like family. We know that criminal records can have a negative effect on your ability to thrive in society. We’ll walk you through your options and pursue the life-changing value of an expunction or non-disclosure.
Contact us today about getting your personal record expunged in Georgetown, Round Rock or Austin, Texas.Honest Client Reviews Contact Us Today