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TEXAS EXPUNCTIONS AND NON-DISCLOSURES
If you are arrested for a criminal offense,
it will leave a permanent criminal record whether or not
you were found guilty of the offense. The Department
of Public Safety will keep a record of the arrest at the
Texas Crime Information Center (TCIC), unless the records
are expunged.
Expungements
Employers will routinely conduct background
checks on potential employees. If your arrest is expunged
or ordered destroyed by a judge, then law enforcement agencies
will be prevented from releasing information to employers
or other such individuals related to that criminal charge.
Unfortunately, not all criminal charges can be expunged.
Criminal records that are commonly expunged include:
- Certain dismissed cases
- Cases where the prosecutor declines
prosecution
- A trial that results in a not guilty
verdict
- Situations where a class C misdemeanor
is resolved with a deferred disposition
Petitions of Non-Disclosure
In certain circumstances, a client
may be able to file for a petition of non-disclosure if
the court has ordered a deferred adjudication probation
and the client has successfully completed the probation
term. The client may be able to do so in certain class
B or A misdemeanors and certain felonies. Typically,
people must avoid being arrested for two to five years to
obtain the non-disclosure if there is a wait period otherwise,
a client may petition the court once they have successfully
completed the probation and been discharged.. The
non-disclosure will prevent law enforcement from revealing
the criminal record to anyone outside of law enforcement.
However, there are certain government agencies that may
obtain information subject to nondisclosure being ordered
by the judge.
FREE INITIAL CONSULTATION
Contact Ms. Barker today for a free initial
consultation to discuss your legal issues. She will
give you clear, practical advice on what to expect at every
step of the legal process. Please feel free to call
Ms. Barker or email her at
lbarker@laurabarkerlaw.com
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