Going through life with a criminal record can be difficult at best and devastating at worst. A criminal record can have a profound effect on your future, limiting jobs that are available to you, housing, or even further educational pursuits or professional designations you may consider in the future.
Unfortunately, a criminal record never goes away. Consequently, many who are eligible seek to seal or erase their record. For those who qualify, sealing or erasing a record can be done through an order of non-disclosure, expungement, or by taking part in a pre-trial diversion program.
Getting An Order Of Non-Disclosure In Texas
If you want to seal your record in Texas, this prevents any law enforcement agencies or courts from disclosing your record. It also releases you from having to disclose it to others when applying for a job, housing, education, or making other applications.
In order to be eligible for an order of non-disclosure, there are specific conditions that you need to have met.
- You were placed on deferred adjudication and not considered convicted of the crime.
- You have completed the terms of the deferred adjudication successfully.
- Your offense was considered a qualifying offense under our criminal laws.
- You have no offenses on your record that will render you ineligible, including murder, sexual assault or abuse, trafficking, or other crimes.
- The designated statute of limitations for your offense is up.
- You were not convicted of any other offenses from the time you were placed on deferred adjudication until the date of discharge or dismissal.
Once your record is sealed, only criminal justice agencies have access to this information. By law, you will never have to disclose your record to anyone else.
Expunging Your Record In Texas
If you want any information regarding your charges, arrest, or conviction permanently destroyed, you can seek an expunction. Expunction is only available to you if
- You were arrested but never charged for a crime.
- The case was dismissed while you were facing charges.
- You were convicted of certain juvenile offenses.
- You were convicted for an alcohol offense as a minor.
- You were convicted of failure to attend school.
- You were convicted of a crime, but there was a proven matter of identity theft.
- You were convicted of a crime that was later acquitted under appeal.
- You were convicted of a crime that was later pardoned by the governor or President of the United States.
- The court or a jury found you not guilty of the offense.
Once the expunction has occurred, the court will order your file to be permanently deleted.
Pre-Trial Diversions In Texas
A pre-trial diversion is a voluntary alternative to prosecution available to some offenders on a case-by-case basis. Pre-trial diversions essentially offer a “second chance” scenario and are typically offered to
- Those charged with non-violent crimes
- Minors or those under the age of 25
- Those who haven’t shown a pattern of criminal offenses
- Those who have acknowledged their wrongdoing
- Those who show a desire to participate and be successful in the program.
A pre-trial diversion program removes the offender from prosecution and usually offers a combination of probation, counseling, and the performance of community service. When the individual successfully completes their program, there is usually a recommendation made to the court to dismiss their charges.
Getting Legal Assistance If You Want To Seal Or Expunge A Criminal Record
A criminal charge is a serious matter and can follow you for the rest of your life. If you have been arrested for a crime in Texas, the criminal defense attorneys at Vinas & Graham, PLLC, are committed to the best possible outcome for you and your future. If you have questions about getting a criminal charge sealed or expunged, they would be happy to answer your questions. Call them at (713) 229-9992 or contact them via their online contact form. Learn more about Vinas & Graham on their Facebook page.
