Expungements & Non-Disclosures
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Want to clean up your record? Contact LeGrande Law to get a Non-Disclosure or Expungement!
If you have been arrested, you need to be aware of what impact this can have on your life, even if you never actually get convicted of the crime. Anytime you are arrested, a public record is created that can be viewed by anyone that does a simple background check.
Many people do not realize that completing deferred adjudication does not mean that the charges will disappear from your criminal record. You will not have a conviction for the offense, BUT the criminal charges will remain visible to anyone the checks until you obtain an order of non-disclosure.
WAIT, THERE’S HELP! You do not have to be haunted by your past – under Texas Law (Texas Code of Criminal Procedure chapter 55) record expungement is available.
Whether it is an arrest, a conviction, or a criminal charge that has been dismissed after completing deferred adjudication, an arrest on your criminal record can have profound effects on your life and future. Despite the relevant circumstances or the eventual outcome, it can affect your ability to seek or maintain employment. It can affect your ability to apply for or keep a professional license. It can even affect your ability to purchase or rent property.
There is a lot of confusion about the difference between expunctions (Expungements) and non-disclosures.
Expunctions – Who is eligible?
ONLY for offenses where the charges where you have been found not guilty (Acquittal), MIsdemeanor offense was dismissed, Felony charge was No-Billed, Felony Complaint was dismissed, or the Felony Indictment was dismissed. Also, those that have completed deferred adjudication for a class-C misdemeanor are eligible.
Expunctions – What is the process?
You may file for an expunction to have records relating to the offense taken off your criminal record. Some may qualify for expunction immediately (No-Bills), but for felony indictments…Two Routes, (1) Statute of limitations has run, or (2) you meet one of the waiting periods once the indictment was dismissed (you meet the 3-year catch-all under Tx R Crim P. 12.01(7), 5-year wait period for Theft, Robbery, or burglary, 7 year waiting period for Credit Card abuse, or 10 year waiting period for forgery).
Expunction – One major exception
Defendant convicted of or remains subject to prosecution for the same criminal episode. (Ie…you could still be charged for other offenses relating to the same conduct).
Non-Disclosure – Who is eligible?
Anyone who has successfully completed deferred adjudication. You have not been released from deferred adjudication for one of the exceptions.
Non-Disclosures – What is the process?
File a petition for non-disclosure and pay the applicable filing fee in your county. Certain waiting periods are in place for certain offenses, and are as follows: 5-years for all felonies, 2-years on some misdemeanors (abuse of corpse, public lewedness, bigamy, cruelty to animals).
Non-Disclosures – Who is NOT eligible?
Anyone that has completed deferred adjudication for a sexual offense, violent offense, for harming children, or for a charge of family violence.
Non-Disclosures – WHEN YOU STILL MAY NOT BE ELIGIBLE
It is at the judges discretion whether or not to grant the non-disclosure, and it is the burden of the petitioner to prove that granting the non-disclosure is in the best interest of justice, and the person applying for the non-disclosure.
NEED HELP CLEANING UP YOUR RECORD?
Call Houston Criminal Defense Attorney Tristan LeGrande to get an Order of Non-disclosure or criminal records Expunged today!
LeGrande Law | Enpungements & Non-Dislcousures
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