Having a criminal record can continue to cause problems in your life long after you’ve had your day in court or served your sentence. For example, people with records sometimes have difficulty finding employment or securing safe and affordable housing. In addition, they may be barred from specific public assistance programs or may be ineligible for educational or vocational training opportunities.
However, depending on the circumstances, you may be able to have your criminal record cleared. This process is known as expunction. Even if you can’t get an expunction, you may be able to have your record sealed or obtain an Order of Nondisclosure.
While these other processes aren’t the same as having your record expunged, they’re good alternatives for people who may not qualify for expunction.
What Is Expungement?
Expungements (also referred to as expunctions) can help you clear your criminal history record. During this process, eligible entries may be permanently removed from your adult criminal record.
If you obtain an expungement, it’s like you never committed the crime at all. There will be no indication on your criminal record of the arrest or charges. You’re not obligated to disclose the offense while applying for a job or anywhere else.
The types of cases that can qualify for expungement are minimal, and it’s difficult to obtain such an order from the court. However, if you don’t qualify for an expungement, you may still be eligible for other procedures, such as an Order of Nondisclosure or deferred adjudication.
Can I Have My Record Expunged?
Depending on the circumstances of your case, you may be able to have your criminal record cleared through expunction. However, only certain offenses and charges qualify for expunction. For example, an arrest for violation of probation and charges more serious than a Class C misdemeanor are typically not eligible for expunction.
The laws surrounding having a criminal record cleared vary by state. For example, in Texas, you may be able to have your record expunged if you committed a Class C misdemeanor that resulted in deferred adjudication.
Other reasons you may qualify for expunction include:
- You were arrested for a crime, but charges were never filed
- Your charges were dismissed
- You committed a qualifying misdemeanor offense as a juvenile
- A conviction of a minor for certain alcohol-related offenses
- A conviction for failing to attend school
- You were arrested but not charged, and no case was filed
- Your record reflects an arrest, charge, or conviction due to identity theft by another individual who was actually arrested, charged, or convicted of the crime
- Your conviction was acquitted by the trial court or through an appeal
- You were pardoned by the Governor of Texas or the President of the United States
What Is An Order Of Nondisclosure?
An alternative to expunction is seeking an Order of Nondisclosure. This court order prohibits criminal justice agencies from disclosing information related to the specific offense. So, unlike an expunction that removes the record altogether, an Order of Nondisclosure keeps the information private.
An Order of Nondisclosure is an excellent alternative for circumstances that don’t qualify for an expunction. Keeping your criminal history record private can help improve your chances of securing employment, housing, and public assistance. Not to mention it allows you to keep your private information private.
Contact An Experienced Criminal Law Firm To Find Out If Expungement Is An Option For You
Obtaining an expunction can be daunting because it requires filing the proper motions and documents with the court. Sometimes, it means filing a civil suit against the prosecuting office. If you believe you may qualify for an expunction, be sure to contact an experienced criminal law firm to help you navigate the system successfully.
Even if expungement isn’t the best option for your case, there are other things you can do to help clear your criminal record. For example, obtaining an Order of Nondisclosure or participating in Pre-Trial Diversion programs can help minimize the impact the criminal charges will have on your life moving forward.
It’s critical to contact an attorney as soon as possible if you’ve been arrested or charged with a crime. The right attorney can help ensure your rights are protected and that you understand the charges being brought against you.
Contact a Houston criminal defense attorney so you know you’ll have someone representing your best interests every step of the way. Or call us at (713) 229-9992 to discuss the specifics of your case.
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