If you want your criminal record sealed or expunged under Texas law, you will want to understand the difference between both eligibility requirements, process, and what to expect from each option.
Find out if you qualify today for an expunction or non-disclosure by scheduling a a free consultation with a San Antonio criminal defense lawyer today.
You will walk away from your consultation with a clear understanding of the law, and what option will work best for your specific situation.
If you decide to hire us for criminal record expungement or record sealing, we will ensure your paperwork is filed without error, build a clear plan, and strategy that increases your chances of success. We know what the San Antonio courts and judge wants to hear, and we will ensure your story is heard loud and clear.
Expunction vs. Non-Disclosure Under Texas Law
In San Antonio, and across the State of Texas, there are two options for cleaning up a criminal record. The first being an expunction , and second an order of non-disclosure. Both have strict eligibility requirements, and waiting periods. As your expunction attorney, I will ensure you meet all requirements before filing, and your time is not wasted.
Expunction (Expungement):
With an expunction your criminal record is completely erased as if it never existed. This process destroys all public records of any arrests or charges. However, there is a 3 year waiting period for felonies.
Expunction falls under Chapter 55 in the Texas Code of Criminal Procedure.
Under Texas law you can qualify for expungement if you meet the with the following requirements:
- You were not found guilty or convicted of a felony or misdemeanor crime
- You had a case dismissed without a trial
- A jury returned a verdict of not guilty
- Charges were dropped
- You appealed and overturned a conviction
- You have not been convicted of a felony over the last five years
- You have not been convicted of specific violent or sexual crimes
- You do not have multiple felony convictions on record
Filling For An Expungement: How it works
- Determine your eligibility: As discussed above, there are many nuisances that we look at to ensure you are eligible.
- Documentation: We help you obtain your criminal record and court records.
- Filing for expunction: We file a petition for you, and we ensure it is without error so that the courts accept it.
- Hearing: After your petition is accepted, you will be granted a hearing with the court to review your case. At this hearing we will present evidence to support your request for an expungement. We will also ensure your full story is heard in the most professional and convincing manner so that the judge, who is the final decision maker, accepts your petition.
- Decision: The final decision is in the judges hands. he will deny or grant your request based on the information presented both verbally and in your paperwork.
- Successful Petition:The court will order all agencies, courts, and police departments to dispose of any records associated with your charges being expunged. Ensuring there are no traces remaining and your record is fully expunged.
Order of Non‑Disclosure (Record Sealing):
An order of non-disclosure will not erase your record, but it will seal your criminal record from the public. Only law enforcement and agencies will be able to access your record, but employers and colleges and landlords will not be able to. This is usually for those who have successfully completed deferred adjudication (misdemeanors/some DWI’s). There is typically a 2 year waiting period for misdemeanors and 5 years of felonies.
Eligibility requirements for Nondisclosure in Texas
Under Texas Government Code, Chapter 411 you are eligible under these circumstances below:
- Successfully completed deferred adjudication or community service for specific non-violent crimes and misdemeanors (more on this below)
- Your charges were dismissed or discharged for specific felonies or misdemeanors after completing deferred adjudication or community service
- Successfully completing a Veterans treatment court program
- Absolved of any conviction due to being a victim of trafficking
- successfully completed community service or probation following conviction of specific misdemeanors, without any prior convictions or being placed on deferred adjudication, community supervision for other offenses
- Completed community service for a conviction of specific DWI offenses (below)
- If you were convicted of misdemeanor
- If you were convicted of specific DWI charges
Offenses Not Eligible for Record Sealing
You cannot get an order of nondisclosure (record sealed) under Texas Gov’t Code § 411.074 if you were convicted or arrested for:
- Sex Crimes
- Human Trafficking
- Injury to Vulnerable Victims
- Abandoning or Endangering a Child
- Murder or Capital Murder
- Stalking – Cannot be sealed.
- Aggravated Kidnapping
- Protective Order Violations
- Family Violence Cases
Filing For A Non-Disclosure: How It Works
- Determining Eligibility: As discussed above, but there are specifics your attorney will cover to ensure you qualify.
- Obtain Documentation: We will need to get copies of court records and your criminal record and verify there are no pending charges against you.
- Prepare the Petition: We will complete a“Petition for Order of Nondisclosure” which includes case details, disposition, and supporting documentation to support your case.
- File with the Court: Your petition will be filed in the court that handled your original case, with a filing fee that normally costs $200 to $300.
- Review Period: During this period we will wait for the prosecutor to agree, remain silent, or object to your filing.
- Hearing: In some cases the judge may grant you a non-disclosure without a hearing. For other cases, we will present your case to the court (judge) and explain why you qualify for a non-disclosure.
- Decision: If successful, the judge will sign the Order of Nondisclosure. If denied, you have limited options to retry. .
- Notifications: Upon the judges signature, the court will now send the order to the Texas Department of Public Safety (DPS).The DPS will be in charge of notifying courts, agencies, and law enforcement to seal your record. This means the agencies and departments will update their databases, which will remove access to your record. Other agencies like background check companies (online) usually take more time to update their records, but eventaully they will follow through with removal.
Discuss Your Case With Christopher Castro Today
We understand people change, and mistakes of the past often make them a better person today. If you are worried about your future due to a criminal record, we can help you figure out which solution will work best for you. Pick up the phone and give us a call. Often, we can consult you over the phone.
For a successful expunction or order of nondisclosure, you need an experienced and knowledgeable attorney that understands the law, requirements, and the local San Antonio courts and judges.
We can help you clear your criminal record , giving you a second chance at finding a job, housing, or even getting a professional license.
Give us a call to schedule a free consultation to discuss your case and which option will work best for you.
When you choose our law firm, you can expect the following:
- Ensure you meet the requirements for nondisclosure or expunction
- file without error, and under the correct category and court
- Defend you and ensure the courts hear your side of the story and why you deserve a second chance
Contact us or call now to schedule a free consultation to get started immediately.
