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.
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 guilt 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.
Contact Ms. Barker today for a free initial consultation to discuss your legal issues. She offers 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