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EXPUNCTION OF RECORDS
If you have reached a favorable result in a criminal case, you may qualify for an expunction or nondisclosure of your records with the help of a Texas expungement lawyer.
Many criminal records are available to the general public, prospective employers, and landlords, the records may adversely impact your ability to do the following:
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Find employment or change jobs
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Qualify for a car loan or a house mortgage
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Rent an apartment or house
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Obtain a professional license
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Apply for acceptance to a college, university, or trade school
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Apply for a scholarship
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Obtain citizenship
If you are eligible, you owe it to your good name, your future, and your family to obtain an expunction to permanently erase your criminal records, or obtain a non-disclosure agreement (NDA) to keep your records private. An experienced expungement lawyer in Fort Worth will help you with this process.
WHAT IS A NONDISCLOSURE AGREEMENT?
Nondisclosure is an order to prohibit criminal justice agencies from disclosing to the public your criminal history record, found under Tex. Gov. Code Sec. 411.071 .
A successful completion of a deferred adjudication does not always erase an arrest from your record. You have to file a petition in many situations to get your records sealed by a judge. Nondisclosure is often possible in cases where expunction isn’t.
Who Is Eligible For An NDA?
You may be eligible for an NDA if…
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You were placed on deferred adjudication and successfully completed it, and the offense did not qualify for an automatic nondisclosure order under Tex. Gov. Code §411.072; or
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You were placed on regular probation or received jail time for an offense after September 1, 2015 for a nonviolent misdemeanor and you have no other criminal record.
Order Of Nondisclosure For Texas Misdemeanor
For the following misdemeanor offenses, you must wait two years from the date of discharge and dismissal to file for a nondisclosure, unless you were granted an automatic order of nondisclosure:
Abuse of corpse
Abuse of/silent call to 911
Assault*
Assisting suicide
Bias or prejudice
Bigamy
Cruelty to animals
Crimes against children
Deadly conduct
Destruction of flag
Disorderly conduct
Disrupting a meeting or procession
Dog fighting
False alarm or report
Firearms charges
Harboring a runaway
Hoax bomb
Obstructing a highway or other passage
Public lewdness
Indecent exposure
Riot
Terrorist threat
Unlawful restraint
Violation of protective order*
*A person who received deferred adjudication for an offense involving family violence cannot obtain an order of nondisclosure at any time. (This is an assaultive or sexual offense against a spouse, family member or person in an intimate dating relationship.)
Under Gov. Code Sec. 411.0726 a person who received deferred adjudication for DWI can receive an order of nondisclosure two years after the deferred adjudication community supervision period has been completed if he has not have any previous criminal convictions or deferred adjudications other than fine-only traffic offenses, and if the commission of the DWI offense did not result in an accident involving another person.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
ORDER OF NONDISCLOSURE FOR TEXAS DWI
Additionally, a person who did not receive deferred adjudication but was convicted of DWI cannot obtain an order of nondisclosure unless they meet certain criteria:
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They received a probated sentence
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They had a breath or blood test result of less than 0.15
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They successfully completed the probation without it being revoked
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They paid all fines, costs and restitution
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They have never previously been convicted of or placed on deferred adjudication
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They were convicted of a DWI that did not involve an accident
If there was a successful compliance with a condition of community supervision that required the use of an ignition interlock device for six or more months, the waiting period for a nondisclosure petition is two years after completion of the community supervision period and five years if no ignition interlock device was required. (Gov. Code Sec. 411.0731)
Alternatively, a person who received a non-probated sentence for DWI may obtain an order of nondisclosure if all the conditions set out above for a probated DWI sentence are met, but must wait three years after the sentence is served if the sentence required the use of an ignition interlock device for six or more months, and five years if no ignition interlock device was required. (Gov. Code Sec. 411.0736)
Order Of Nondisclosure For Texas Felonies
While NDAs are possible for some felonies, you must wait five years after a felony deferred adjudication is finished to apply for nondisclosure.
However, if you were placed on deferred adjudication for the following offenses, you are not eligible for an order of nondisclosure at any time:
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Aggravated kidnapping
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Aggravated sexual assault
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Burglary of a habitation with intent to commit a felony
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Capital murder
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Compelling prostitution
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Crimes against children
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Discharge of firearm
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Family violence – any offense
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Indecent exposure towards a minor
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Injury to an elderly or disabled individual
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Murder
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Prohibited sexual conduct (incest)
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Public lewdness
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Sexual assault
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Stalking
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Unlawful restraint
WHO CAN SEE YOUR OFFENSE AFTER A NONDISCLOSURE?
While a nondisclosure does not completely conceal a record of past criminal offenses, it may be helpful when gaining employment. Once the order is granted, your record is not available for anyone seeking to hire you or to check your criminal history unless they are law enforcement personnel or one of the agencies and entities listed in Texas Government Code § 411.0765.
More on who is authorized to see your record here.
CALL AN EXPUNGEMENT LAWYER IN TEXAS
Have offenses on your criminal record that you would like removed or concealed from potential employers? Sparks Law Firm can offer you the expertise you need to work towards an expunction or non-disclosure agreement. Call (817) 334-0300 today to set up a free consultation.