A
criminal history can dramatically affect your life. Employers can deny
you a job. Landlords can refuse to rent to you. Lenders can deny you
credit.
Expunction is the legal process through which criminal records of arrests are destroyed. Many people believe that once a criminal case
is dismissed, all the records are destroyed. This is not true. Arrest
records, court records, records of release, fingerprint and computer
records all exist and persist even when charges are dismissed. If the
case resulted in any type of probation, either community supervision or
deferred adjudication, the records cannot be expunged, regardless of how
long ago the conviction occurred.
Texas law
allows a certain person who has had their criminal case dismissed or
who has been found not guilty to apply for an expunction of the criminal
records. If an expunction is granted, all state agencies are ordered to
destroy any records that they may have of the arrest. This means that
the police department, the jail, the court, the clerk's office, and all
other agencies that had official records of your arrest must destroy
them.
Under
a recent Texas Supreme Court decision (State v. Beam), if your case is
dismissed, you may have to wait until the statute of limitations runs
before you can file a petition to expunge your records. If you have been
acquitted or found not guilty of a crime in Texas, you are entitled to
have your records expunged. If you have been acquitted or found not
guilty you do not have to wait for the statute of limitations to run
before filing to expunge your records.
Texas
law allows a person who successfully completes a deferred adjudication
probation for certain criminal offenses, to apply for an Order of
Nondisclosure that seals the records from the general public. This is a
brand new right that individuals have to seal their records. There are
waiting periods involved (which have recently been shortened) and some
offenses do not qualify and are not eligible for an Order of
Nondisclosure.
Betty
will gladly talk to you free of charge to determine if you are eligible
to obtain an Order of Nondisclosure of your deferred adjudication
probation, if the offense occurred here in Travis County. However, keep
in mind that the Texas Legislature has carved out several exceptions to
the types of records that can be sealed and when employers can view
them.
Contact Betty Blackwell for your free appointment to see if you qualify to clean your criminal arrest record in Travis County, Texas.
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