Lake Jackson Expungement Lawyer

You Deserve a Second Change.

A criminal history can dramatically affect your life. Employers can deny you a job. Landlords can refuse to rent to you. Lenders can deny you credit. Expungements are governed by section 55.01 of the Texas Code of Criminal Procedure. Expunction is the legal process through which criminal records of arrests are destroyed.

Learn more about how a Lake Jackson expungement attorney at JM Davis Law PLLC can help you achieve a second chance. Call (855) 390-0455.

Do I Have a Criminal Record in Texas?

Many people mistakenly believe that just because their case was dismissed, or they were found "not guilty" at trial that they have a clean record. This is not the case. Arrest records, court records, computer records and records of release all exist and persist even though the charges may have been dismissed. If you received any type of probation, either community supervision or deferred adjudication, the records cannot be expunged, regardless of how long ago the conviction occurred.

However, if you received deferred adjudication, you may be eligible for an Order of Non-Disclosure. Keep in mind that waiting periods and other exceptions apply to both remedies. For instance, subsequent convictions can preclude the issuance of a Nondisclosure Order. Contact JM Davis Law PLLC for a free consultation regarding expungements.

Expunction

If the District Attorney's Office dismisses your case, or if you were put on a deferred adjudication for a Class C ticket or were never charged with the crime, you can have your record expunged. If an expunction is granted, all state agencies are ordered to destroy any records that they may have of the arrest. This means that the police department, the jail, the court, the clerk's office, and all other agencies that had official records of your arrest must destroy them. It's like it never happened.

Order of Non-Disclosure

An order of non-disclosure, under section 411.081 of the Texas Government Code, is a type of lawsuit that will seal your case from being visible in a criminal background check to most lookers. Under Texas law, a person who successfully completes deferred adjudication probation for certain criminal offenses, can apply for an order of non-disclosure that seals the records from the general public. If you were convicted of the crime you will not be eligible for an order of non-disclosure.

An order of non-disclosure seals records from the public, and prevents private companies that sell background checks from releasing that information to potential employers. However, law enforcement agencies as well as state agencies will still have access to this information.

Juvenile Records

Does your juvenile court record qualify for sealing? Your Texas juvenile record may be sealed in one of two ways. Certain records are automatically restricted from view by everyone but criminal justice agencies. You can also ask a court to seal your records, which provides more complete confidentiality.

Automatic Restriction

Your record may qualify for restricted access if all of the following are true:

• You are at least 17 years old
• You were not classified as a violent or habitual offender
• Your case was not transferred to adult criminal court

If you later commit a serious offense, your record will be removed from restricted access. Sex offender registration records and records related to criminal street gang activity cannot be restricted. (Texas Family Code §§ 58.202 to 58.211.)

Asking a Court to Seal Your Record

In addition to the automatic restriction program, you can ask the court to permanently seal your record. Whether your record qualifies for sealing depends on the type of offense you committed.

For misdemeanor offenses, the court must seal your record if:

• At least two years have passed since the end of your case
• You have not been convicted of any other offenses
• No charges are pending against you

For felony offenses, the court may agree to seal your record if:

• You are at least nineteen years old
• Your case was not transferred to adult criminal court
• Your record was not used in the punishment phase of a criminal proceeding
• You have not been convicted of another felony since the age of seventeen.

Additional circumstances for juvenile records:

• If you completed a drug court program - The court may agree to seal your misdemeanor or felony record if you completed a drug court program.
• If you violated Section 43.261 of the Texas Penal Code - If, as a juvenile, you committed certain offenses having to do with the electronic transmission of material depicting a minor engaging sexual conduct, your record may qualify for sealing after you complete an approved education program.
• Exceptions - Your record will not qualify for sealing if your juvenile court sentence extended into your adult years, you have a sex offender registry record, or you were classified as a habitual offender. (Texas Family Code § 58.003.)

Receive additional information about expungements and record sealing in Texas: Call JM Davis Law PLLC at (855) 390-0455 to speak with a Lake Jackson criminal defense lawyer from our firm in a free consultation.