Expunctions & Non-Disclosures Attorney
Serving Frisco, Texas and Surrounding Areas
Expunction and Nondisclosure in Texas
As an adult, a criminal record can be very limiting. In Frisco, Texas, and the surrounding areas, criminal charges can prevent you from renting an apartment, securing gainful employment, obtaining a variety of professional licenses, and may even impact your credit score. However, Texas offers expunction, otherwise known as expungement, for certain criminal convictions. While the criteria for expunction are relatively limited, nondisclosure is also an option for many charges. Nondisclosure allows for the sealing of adult criminal records. Both nondisclosure and expungement have separate eligibility criteria. Working with a criminal defense attorney, individuals with a criminal record have the opportunity to move forward from post sentences.
What is an Expunction and Who's Eligible?
In Texas, there are relatively few cases in which an individual may qualify for a permanent expungement. Typically speaking, individuals can request expunction for crimes that were never charged or dismissed in court. Additionally, certain alcohol-related charges, charges for school truancy, and other juvenile offenses. Finally, charges formally acquitted or pardoned are eligible for record expungement.
These serve as a guideline for what type of criminal and felony charges qualify for expunction. However, it's important to note that other factors may also determine whether a record is eligible for expungement. For instance, felony charges must have exceeded the statute of limitations. The statute of limitations serves as a guideline for the timeframe in which the state or arresting county must prosecute an individual for the arresting crime. Statutes of limitations vary based upon the type of crime, but the time limit is typically at least three years.
What is a Nondisclosure and Who's Eligible?
An order of nondisclosure seals certain criminal records from the view of public entities but does not destroy criminal records. Additionally, these orders allow individuals to be freed from disclosing their criminal history when applying for jobs and in other professional settings. However, government agencies, licensing boards, and other official commissions may still receive records that are subject to nondisclosure agreements.
Only certain criminal records are eligible for non-disclosure. Individuals with a history of violent crimes, sex offenders, and related offenses are not eligible for non-disclosure. Additionally, a waiting period of two years for certain misdemeanors and five years for felonies applies to all non-disclosure applications.
In order to be eligible for non-disclosure, an individual must receive deferred adjudication and community supervision. Deferred adjudication occurs when the court agrees to dismiss charges against an individual without a conviction. Community supervision, better known as probation, requires an individual to refrain from receiving repeat charges.
There are two types of non-disclosure an individual may request in Texas. The first type is automatic non-disclosure for first-time misdemeanor charges, other than traffic fines. An automatic non-disclosure applies to all first-time misdemeanors, regardless of the level, as long as they occurred after September 1, 2015, and resulted in a deferred disposition ending in dismissal. The second type of non-disclosure is a non-disclosure with a petition. All eligible offenses that do not qualify for an automatic order require a non-disclosure petition and must meet a minimal waiting period of 2 to 5 years based on the type of charge.
Petitioning for Expunction of Non-Disclosure
Many individuals with a criminal record feel held back by their past mistakes. Having a criminal record makes it difficult to participate in normal day-to-day activities. For many individuals, a criminal history poses serious challenges that feel nearly impossible to overcome. I work with clients in Frisco, Texas, and surrounding areas of Plano, Allen, Collin County, and Denton County, to help them move forward from past mistakes by petitioning for expunction and non-disclosure. If you are struggling with a criminal record and want to know if you qualify for expunction or non-disclosure, I encourage you to reach out today so that we can make a plan to help you move forward.
Expunctions & Non-Disclosures Attorney Serving Frisco, Texas
I work with clients in Plano, Allen, Collin County, and Denton County to help them move past their previous mistakes. Many individuals are not aware their charges qualify for expungement for automatic non-disclosure. As your criminal defense attorney, I combine my knowledge of criminal law with compassion and dedication to helping my clients work towards a new chapter in their lives. I have an in-depth understanding of expunction and non-disclosure and am ready to help you determine your eligibility.