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Copyright © 2009
The Gilbert G. Garcia Law Firm,
Principal Offices in Conroe, TX.
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YES - Texas Criminal Records Can Be Sealed
Texas may have remedies to help you clean your criminal background. Cleaning
your Texas criminal record broadens your career opportunities and greatly
improves your access to credit, housing, and educational opportunities.
Texas has several forms of criminal record cleaning, including
expungment or
expunction, setting aside a conviction. Early Termination of Community
Supervision/Probation, Orders of Non-Disclosure, Writ of Habeas Corpus and a
Pardon from the Governor.
The most common methods to achieve a Clean Criminal Record in Texas are
through a Motion for Expunction or an
Order of Non-Disclosure.
An
Order of Non-Disclosure seals a criminal record from public view. Once
sealed with this ORDER, only some government agencies can access the
contents of the record. All others will not even know it exists and the
subject of the record is allowed to say that s/he was not arrested or
convicted. When you have your record sealed through NON-DISCLOSURE, you can
apply for jobs with confidence. Having your arrest, felony or misdemeanor
records sealed prevents those records from appearing on a civilian
background check. A person may be eligible to have their record sealed in
Texas if they successfully completed
deferred adjudication/community
supervision (probation) and meet other court requirements.
Expungement of Arrests that did not Lead to Conviction or
Deferred
Adjudication
If your case was dismissed, you are eligible to have your
record expunged.
After expungement, the release, dissemination, or use of your expunged
records by any agency is prohibited. You may deny the occurrence of the
arrest after the expungement except while being questioned under oath. After
your record is expunged, you can apply for professional licenses issued by
the state such as, teaching license, medical licenses, nursing licenses,
electrical/plumbing/contractor's license, real estate licenses and many
others. If you were found guilty, plead guilty or plead no contest to an
offense, other than a class "C" misdemeanor, then that record is not
eligible for an expungement.
Depending on your unique criminal record, you may be eligible for one of
these forms of record cleaning services. Each process will affect your
criminal record in different ways. Because of the complexities surrounding
Criminal Record Cleaning, we recommend that you seek the advice of an
attorney that has extensive experience with Texas record cleaning and
related remedies provided by the Texas Code of Criminal Procedure.
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