Clear your Criminal Arrest History - More Information
Expunctions:
The Law Office of Robert L. Keates handles and represents clients seeking a Texas Expunction Motion by authoring the petition and submitting the Texas Expunction Motion to approriate County. Please read below to see whether a Texas Expunction Motion could work for you, and then give us a call for a Free Phone Consultation at 512-216-3211.
Chapter 55 of the Texas Code of Criminal Procedure authorizes the Court to clear the criminal record -- also known as expunction -- but not every offense is eligable for an Expunction.
There are the six basic types of expunctions in Texas under Chapter 55:
-
First, is the right to expunction after an acquittal, meaning the defendant went to trial and was found Not Guilty;
-
Second is the right to expunction after a pardon.
-
Third is expunction after being tried and convicted by the trial court but reversed and acquitted by the Court of Appeals;
-
Fourth is the right to expunction after having one’s name falsely used during an arrest;
-
Fifth, the posthumous expunction, is based on exoneration after death;
-
Sixth is the main category in which 99% of Texas Expunctions fall into: expunction after dismissal.
In addition to other considerations, Chapter 55 lists the following criteria that must also be met by a person seeking an Expunction:
- The person has been released;
- the charge, if any, has not resulted in a final conviction and is no longer pending;
- there was not court ordered community supervision under art. 42.12 for any offense other than a Class C misdemeanor;
- the person has not been convicted of a felony in the five years preceding the date of this arrest; and
- the statute of limitations for the offense has expired.
Motion for Non Disclosure:
Per Texas Government Code Section 411.081, a person who successfully completes what is known as "deferred adjudication probation" for a misdemeanor or a felony, may be eligable for a Motion for Non Disclosure. A Motion for Non Disclosure is a Petition asking the Court of original jurisdiction -- the one that put him/her on Deferred Adjudication -- to sign an "order of nondisclosure." If the Motion for Non Disclosure is granted, the Motion for Non Disclosure effectivly prohibits governmental agencies from disclosing the existence of the charge or the deferred adjudication sentence.
If granted, a Motion for Non Disclosure is excepted from mandatory Public Information Act disclosure. This means that a successful Motion for Non Disclosure will prohibit your criminal offense history from being revealed pursuant to a Freedom of Infomration Act request. But keep in mind, criminal justice agencies are permitted to release criminal history record information, even if there was a successful Motion for Non Disclosure, to other law enforcement agencies, Courts, and other criminal justice agencies. A typical scenario where this occurs is where the person is arrested for or faces new criminal charges. Courts and police can access the offense despite the Motion for Non Disclosure, in an effort to negotiate the case or add enhancements if applicable.
Juvenile Sealing of Records:
When a juvenile record is "sealed," it’s treated as though it does not exist. A juvenile or person adjudicated of a juvenile offense while a minor -- after having a crime and arrest sealed -- may legally deny that anything described in the juvenile record ever happened. Additionally, if a judge, lawyer, or police officer is asked about you, they are required by law to respond as if anything related to your record never existed.
It is also removed from the Criminal History Database, so your name will not come up if someone searches for you on it. If juvenile records are not sealed, potential employers, college admission offices, or landlords can see your arrest record. Getting your record sealed can be an important step in successfully finding a job, going to college, and finding a place to live.
Pardons:
A full pardon restores certain citizenship rights forfeited by law as the result of a criminal conviction, such as the right to serve on a jury, the right to hold public office, and the right to serve as Executor or Administrator of an estate. In Texas, voting rights are automatically restored when one discharges a felony sentence.
A full pardon will remove barriers to some, but not all, types of employment and professional licensing. However, licenses are granted at the discretion of the state licensing boards of each profession, and it is advisable to contact those boards directly to learn whether a pardon is necessary or sufficient to restore licensing eligibility in a particular field. A pardon will not restore eligibility to become a licensed peace officer in Texas.
A person who is convicted and who receives a full pardon is entitled under Article 55.01(a)(1)(B) to an expunction of all arrest records relating to the conviction. The arrest is not automatically expunged upon a grant of a full pardon. This can only be accomplished by petitioning a court in the county of conviction.
|
