How To Clear Your Criminal Record! A Former Prosecutor Breaks Down What You Need To Do! (2021)
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- Опубликовано: 2 июн 2024
- Do You Qualify to Have Your Texas Criminal Record Sealed or Expunged?
When you are arrested, charged, or convicted of a crime, it shows up on your criminal record, which is available for anyone to see. Regardless of how you’ve changed and improved your life after this “mistake,” your criminal history can continue to haunt your employment, educational, housing, and financial opportunities for years to come.
So how can you finally put your past behind you and move forward with a clean slate?
Depending on the offense and the circumstances surrounding that offense, you might be eligible to have your record sealed or expunged.
A sealed record means the public will be unable to see it, but law enforcement officials and other government agencies will still have access. When your record is expunged, it will be entirely eliminated - as if it never existed in the first place.
Let’s look at the requirements for sealing or expunging your criminal record and how you can get the process started if you’re eligible.
Can I Seal My Texas Criminal Record?
In Texas, if you want to seal your criminal record, you will need to seek an order of nondisclosure.
As mentioned above, an order of nondisclosure prohibits law enforcement or courts from disclosing your criminal record related to the order. It also releases you from having to disclose your criminal history related to the order on any type of application.
In fact, if you have an order of nondisclosure, you don’t even have to mention it.
While all of this might sound great, an order of nondisclosure only applies to certain offenses and situations. In order to be eligible, you will need to meet six conditions defined by Government Code §411.081:
• You need to have been placed on deferred adjudication, which means you were not considered to be convicted for the offense.
• You need to have completed your deferred adjudication successfully.
• Your offense cannot have been murder; capital murder; aggravated kidnapping; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child; stalking; violation of court order or bond in family violence, sexual assault or abuse, stalking, or trafficking case; an offense that requires sex offender registration; or an offense involving family violence.
• You can’t have any of the above offenses on your criminal record - even if you’re not seeking a nondisclosure order for that offense.
• You have to wait the requisite amount of time for your offense. You have to wait five years after your felony discharge or dismissal; two years for misdemeanors under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code; and there is no waiting period for other misdemeanors.
• You can’t have been convicted of or placed on deferred adjudication for any other offenses from the date you were placed on deferred adjudication until the date you were discharged or dismissed.
Can I Get My Texas Criminal Record Expunged?
An expunction means that information and details pertaining to an arrest, charge, or conviction is permanently removed from your criminal record and you can deny the event ever happened.
You could be eligible for an expunction if:
• You were arrested for an offense but never charged;
• You were facing criminal charges but the case was ultimately dismissed;
• You were convicted of certain qualifying juvenile offenses;
• You were convicted as a minor for certain alcohol offenses;
• You were convicted for Failure to Attend School;
• An arrest, charge, or conviction is on your record because of identity theft;
• You were convicted of a crime that was later acquitted by the trial court or the Criminal Court of Appeals; or
• You were convicted of a crime that was later pardoned by the Texas Governor or U.S. President.
In addition to the above requirements, you cannot seek an expunction if:
• You received deferred adjudication or probation;
• You were convicted of a felony within five years of the arrest you want expunged;
• The offense was part of a criminal episode; or
• The statute of limitations for the felony charge hasn’t expired.
If you have questions about CLEARING YOUR CRIMINAL RECORD - CALL US! If your situation is out of Tarrant County or Dallas County and you would like a free case analysis, don’t hesitate to call The Fulgham Law Firm at 817-877-3030.
FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
CLICK HERE www.criminalattorneyfortworth...
0:00 How To Clear Your Criminal Record! A Former Prosecutor Breaks Down What You Need To Do!
01:20 Remember: if ever arrested, charged or convicted of a crime, nothing automatically comes off your record!
02:40 What does “Non-Disclosure” mean?
03:30 What is the benefit of Non-disclosure?
03:48 What are the requirements to get a Non-disclosure?
08:00 What does an “Expunction” mean?
08:30 How can you be eligible to get an Expunction?
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How can you have a criminal charge on your record when you were found innocent and the case was dismissed? That in itself seems illegal?
Im in california. Had 2 misdemeanor brandishing a firearm which was a bb gun and a crowbar. LEO'S back then, never got a gun from me. It was all hear say from crazy GF at the time. We were 18-19 yrs of age. Anyways, im in the military now since 2007 and have purchased firearms and have a CCW. when i went recently to purchase a comapct 9mm, i was denied because it stated i was a convicted felon. California decided to chang the old PC code to a felony and now i had to sell my firearms so i dnt get invaded by ATF sherrif, etc. I hired a lawyer to clear me and its been 9 months now for FBI to clear me. I feel worthless to defend myself and family but i can carry weapons of war while on duty and im going back to iraq 2024. Makes sence right? I just hope it works out for me. I am a 11B infantrymen and serve/fight for my county but cant fight for my life in my state to defend myself and family.. 😢
Mines was about 6 or 7 years and now I just been trying to get a job to support my two kids I went to auto zone and they had to do my background check they didn't ask me if I had anything or not but I gave them concent and then called the manager he was really cool with me then called him if I got the job said no I didn't get it all mean and I ask him why he didn't give me a answer it hurt me so bad I cried sometimes I just give up almost on my life
They want to help me but state still don't allow it im trying my hardest
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Scary that arrest for false allegations of domestic violence can remove your 2A rights, even if never charged. CA or NV.. Thanks for the info fellow Hampton
That part when you said no jobs can't seee your records unless it's pigs enforcement or a government agency that doesn't apply to California unfortunately i had a few hole in the wall jobs let me go due to me having a criminal background. & Do these laws on apply to Texas? Or California to
What about battery on a protected person it was a gross misdemeanor..
Can you remove it... clean
I was Uber Driver.My only issue is traffic violation such as GPS HOLDER on the windshield and I reached out to the phone to pick a ride requested while driving 25 miles per hour on 40MPH road. I went to court for the ticket, and I was guilty and this landed me on my COUNTY CRIMINAL RECORD SEARCH for over 3 years and currently in the forth years now and PREVENTING ME FROM GETTING JOBS. I lost everything. I researched the issue and found out that county criminal records search DOES NOT include minor violations like traffic violation. I am taking the challenge back to the court . The judge removed the 2 points the police officer gave me in court since I have the court judgment records in my hand but the two points hit my drivers license for 2yrs. I have been regularly running my records and is still there in my COUNTY CRIMINAL SEARCH . Am waiting for the court date. Looking forward for an experience lawyer.
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I had a 5 year probation with suspended sentence if i violated i probably would of went to prison for bout year. Non violent,cyber stalking essentially harrasing an old girlfriend. I keyed her car and got picked up. Completed my 5 year probation with no problems,paid restitution fully and graduated a drug court program in 1 year no hiccups. I was discharged from probation 2 years ago. Can i expunge or seal? Any advice?
I got into trouble 22 years ago was on Probation for 16 years. I had. Been on paper so. Long I had to ask the judge. Three times to please. Repeat. I have had. Five major back surgery,s and am 100 percent. Disabled and would. Like my. Rights. Back. Here in. Louisiana and I have only a. Little money
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Question. I have an injury to a child in Texas , but they allowed me to plea to deferred adjudication, which I completed early. What are my options ? Does not sound like I have many options but in curious why they allowed me to plea to deferred adjudication if I was never going to be able to actually deferred it
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I was convicted for controlled substances in WV. I did 2 yrs in prison. I also did 90 days for misdemeanor assault on a female in NC. This was 20yrs ago. I can't get either expunged or sealed because their in 2 different states. I can't in WV because I have a charge in NC and can't in NC because I have a charge in WV. What should I do? I haven't had any other charges in 20yrs. I'm in a Grey area.
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What about 1 misdemeanor dv, never got in trouble for anything besides that 1 time, no tickets or anything
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What about a restraining order that's 23 years old it's still on my record it expired but I still see it on my record. I'm having my record expunged but the attorney will expunge everything but those two restraining orders because he said it will cost more and I will have to do a different type of expungement. So my question is can I have the people who put that restraining order on me go to the courthouse and have it removed?
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After you file your petition, the court will typically notify the law enforcement officials and the prosecutor who handled your criminal charges about your request for expungement. If the authorities do not object to your petition, then the judge may decide to approve your request without an expungement hearing. However, an expungement hearing is typically scheduled and the court will notify you of when your hearing will take place. At your hearing you will have an opportunity to present your case to the judge and explain why an expungement is deserved and necessary. This may include telling the judge why you think your criminal record may hurt your chances of employment or future opportunities. If the authorities object to your request, i recommend you contact Robert Combs , these specialist can discreetly erase any criminal or felony record, i personally had a DUI removed from my record through these service and i have recommended him to more people that can testify to the approved expungement services, to contact him, you can reach him at {robertcombs001proton.me}. You receive swift response.
Great work *Apexdeft* - so glad you are out there fighting these lowlifes. We need to do all we can to spare the elderly and the general public, thanks for clearing everything off in my background record! Kudos to YOU!! You deserve the Nobel prizes for keeping us safe big up brothers
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