Texas Criminal Attorneys Explain Sealing Arrest Records
Contents
Texas Criminal Attorneys Explain Sealing Arrest Records
Having an arrest record can make life real difficult, even if you weren’t convicted of a crime. It can be hard to get a job, rent an apartment, or even get approved for student loans. That’s why many folks want to get their arrest records sealed in Texas. But sealing records can be tricky ’cause of all the legal mumbo jumbo. As a Texas criminal defense attorney, let me break it down real simple-like.
What is Record Sealing?
Getting something sealed just means keeping it private. When you seal a criminal record in Texas, it means removing it from public view. Most employers, landlords, and others can’t see sealed records when they do background checks. So sealing can help give you a clean slate and make life easier.
Two Ways to Seal a Record in Texas
There are two main ways to seal criminal records in the Lone Star State: 1) expunction and 2) non-disclosure orders. Let’s take a peek at how they work.
Expunction
An expunction is the best way to seal a record ’cause it destroys or erases the arrest record. Poof – gone. The government has to pretend it never happened. An expunction order says any agencies that have records about your arrest have to destroy them. Like they never existed.
So after an expunction, if someone does a background check on you, your arrest won’t show up. It’s like it never happened. Pretty sweet, right?
Non-Disclosure Order
A non-disclosure order doesn’t destroy records like an expunction. It just seals or hides them from public view. The arrest records still exist, but agencies can’t release them to employers, landlords, or other folks doing background checks.
So after a non-disclosure order, your criminal record still shows up if the police run your name. But regular folks won’t see it on a basic background check. Your past mistakes stay secret.
Who Qualifies to Seal Records in Texas?
Not everyone can get their record sealed in Texas, unfortunately. The law has strict rules about who qualifies. It depends on a few factors:
- What you were arrested or charged for
- Whether you were convicted or put on probation
- How much time has passed since the arrest/conviction
To get an expunction, you generally need to have been acquitted or had the charges dismissed. If you were convicted or put on probation, you likely only qualify for a non-disclosure order. There are also waiting periods, usually 3-10 years before you can seal a record. Sex crimes and violent felonies often can’t be sealed at all.
The rules are super complex, so checking with an attorney is important. But here is a quick guide:
Expunctions
You may qualify for an expunction if:
- You were arrested but never charged with a crime
- You were charged but later acquitted or found “not guilty”
- The charges against you were dropped or dismissed
Waiting periods apply for some charges, and some serious crimes like sex offenses can’t be expunged.
Non-Disclosure Orders
You may qualify for a non-disclosure if:
- You pled guilty or no contest, but weren’t convicted (deferred adjudication)
- You were convicted but completed probation successfully
There are waiting periods after probation ends before you can seal the record. And you can never seal convictions for serious violent crimes, sex crimes, etc.
How to Get Your Record Sealed in Texas
Getting your record sealed in Texas takes patience and legal know-how. Here are some steps in the process:
- Check your eligibility – Meet with a criminal attorney to review your record and see if you qualify for expunction or non-disclosure.
- Get your records – To file the petition, you need records like your criminal history report, case info, etc. Your lawyer can help obtain them.
- File a petition – Your attorney will draft the legal petition and file it with the court in the county of your arrest.
- Attend the hearing – Most petitions require a court hearing. Your lawyer will attend and present your case to the judge.
- Serve the order – If approved, your lawyer will serve copies of the expunction or non-disclosure order to agencies like DPS, FBI, etc.
- Verify compliance – Make sure the agencies actually update your records and seal the information as ordered.
Having an experienced criminal lawyer to guide you through the process is important. DIY record sealing often ends in disappointment. So partner with a legal pro.
Finding the Right Lawyer to Seal Your Records
Not all criminal defense attorneys have expertise with expunctions and non-disclosure orders. When searching for a lawyer, look for the following:
- Experience specifically with record sealing cases
- Strong understanding of Texas sealing laws
- History of success getting records sealed
- Affordable legal fees
Also look for great client reviews and recommendations from past clients. And make sure you feel comfortable communicating with the attorney. Sealing your record takes time, so you want a lawyer you click with.
Take Control of Your Future
Don’t let a mistake from your past ruin future job or school opportunities. With an expunction or non-disclosure order, you may be able to seal your Texas criminal record and give yourself a clean slate. Connect with a knowledgeable criminal lawyer to explore your options.
With the right legal help, you can move forward with confidence. Your fresh start begins today.
Sources:
[3] https://guides.sll.texas.gov/expunctions-and-non-disclosure
[4] https://texaslawhelp.org/article/clear-or-seal-your-record-expunctions-vs-nondisclosures-in-texas
[5] https://www.fairdefense.org/what-we-do/record-clearing
[6] https://www.matthoraklaw.com/criminal-defense/seal-expunge-criminal-record/