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Seal or Expunge

Criminal Record

Sealing / Expunging a Criminal Record

Sealing a Criminal Record

Expunging a Criminal Record

There is a big difference between sealing or expunging a criminal record. First sealing a criminal record only seals it from private entities, not public. Public entities can be a school, the police, or any government operated entity. Expunging a criminal record literally erases it, as if it never existed. Sealing or Expunging a criminal record can have a major impact on your life, or no impact at all. It depends on how your criminal case was handled, what job you currently have, and where you see yourself in the future.

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Only individuals who have successfully completed a deferred adjudication probation are eligible to seal . This means that people that have completed straight probation (not deferred) or have a conviction are not able to seal their records. In addition, there are some crimes that cannot be sealed despite having completed deferred adjudication probation. Thus, its important to have someone who understands whether you qualify. In addition, there are agencies that have access to sealed records. These include:

 

  • Texas Board of Nursing

  • Texas Medical Board

  • Texas Education Agency

  • 26 other Texas Agencies

 

Therefore it is extremely important to talk to us to determine where you see yourself in the future and whether sealing a criminal record can help. 

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Expunging a criminal record is only given when you have been released of the charge, its no longer pending, and it did not result in a final conviction or probation. Thus, your case might have been dismissed, acquitted of all charges (not guilty verdict), pardoned by the governor, etc.  Well, if your case has been handled in such a favorable way, wouldn't it just go away. The answer is no. Your arrest is permanently in the system, unless you get it expunged. Although the case may never show up during a job hire or promotion, but every time the police pulls you over, the cop will be suspicious simply because of your arrest, no matter how your case concluded. Thus, having a record expunged protect you from unnecessary police suspicion. Come talk to us to speak on how an expunction can help your career or life in other ways.

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Eligibility

Texas' New Law Disclosure

SECTION 411.072 MANDATORY NONDISCLUSURE OF DEFERRED ADJUDICATION PROBATION

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A defendant who successfully completes deferred-adjudication is now entitled to a mandatory seal of one's criminal record if:

  • It is not an offense under

    • Chapter 20 Kidnapping, Unlawful Restraint, Smuggling Persons;​

    • Chapter 21 Sexual Offenses;

    • Chapter 22 Assault;

    • Chapter 25 Offenses Against the Family

    • Chapter 42 Disorderly Conduct

    • Chapter 43 Public Indecency

    • Chapter 46 Weapon Offenses

    • Chapter 71 Organized Crime

  • And there is no affirmative finding of family violence.​

  • And the defendant has never, other than this case, been convicted or placed on deferred adjudication

  • And at least 180 days have passed since the defendant was placed on deferred-adjudication.

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If the defendant does not qualify for a MANDATORY NONDISCLOSURE (SEAL), they may still be eligible for a discretionary sealing of a criminal record.

SECTION 411.0731 NONDISCLOSURE (SEAL) OF DWI PROBATION

 

A defendant who satisfies the requirements of their  straight DWI probation  are eligible to petition for a discretionary nondisclosure if:

  • Conviction did not show Proof of a BAC over 0.15

  • Has never, other than this case, been convicted or placed on deferred-adjudication probation.

  • No motor-vehicle accident involving another person, including passenger in the defendant's car

  • Petitions After the Waiting Period According to 411.074

    • Interlock Probation = 2 year waiting period

    • No-Interlock Probation = 5 year  waiting period  

SECTION 411.0735 NONDISCLOSURE OF JAIL SENTENCES (NON-DWI)

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A defendant who served misdemeanor jail sentences instead of probation may now petition the court for a nondisclosure (seal) if it was:

  • a misdemeanor conviction

  • not intoxication case

  • not an organized-crime case

  • defendant has no other criminal convictions or probation, other than this case

  • successful completion of jail sentence, court costs, fines, and restitution

  • Offense was not violent or sexual in nature, with exception to Chapter 22.01 Assault

    • a conviction for simple assault is eligible for a nondisclosure (seal)​

  • Petitions after the Waiting Period 411.074

    • Class C Misdemeanor = no waiting period​

    • Class A or B = 2 year waiting period after completion of sentence

SECTION 411.0736 NONDISCLOSURE OF DWI-FIRST JAIL SENTENCES

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A defendant who served misdemeanor jail time instead of straight DWI probation  may petition the court for a nondisclosure (seal) if the charge was:

  • a first DWI

  • never convicted or placed on deferred adjudication for any other case

  • not involving a motor vehicle accident involving another person, including passenger in defendant's car

  • Petitioned after the Waiting Period according to section Tex. Govt. Code 411.0736

    • Interlock for 6 months = 3 years waiting period after completion of sentence​

    • No interlock = 5 years after completion of sentence

There are so many avenues for people to receive a second chance and seal a record when at one time it was not possible. Have a give you a free consultation as to what we can do to help seal or destroy your record. Complete our contact form below to schedule a consultation today.

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