In Richardson, Texas, arrests, filed charges, and criminal convictions remain a part of your permanent record, potentially preventing you from getting a job, renting a home, holding a professional license, or getting into college.
Depending on the nature of your charges and the outcome of the case, you may have the ability to have your record cleared or sealed from public view. The petition process is complex, and the prosecutor on record has the right to protest your petition for expungement or non-disclosure.
However, an expunction and non-disclosure lawyer in Richardson can help you fight to get a criminal or arrest record sealed or cleared. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to learn more.
Criminal Record Expunction in Richardson, Texas
Removing a past arrest or criminal charge from your record requires that a court issue an expunction order, a process also known as expungement. Records that qualify may include arrests for which you never faced charges and criminal charges that ended in acquittal, pardon, dismissal, diversion or an overturned conviction.
If you have a record because someone falsely used your identity during an arrest, you can also petition the court for expunction. Likewise, you can petition for the expungement of many misdemeanors and alcohol offenses you might have incurred as a minor.
Upon granting your request for expunction, the court issues an order directing all parties to destroy your records. It also allows you the ability to legally state that the arrest never happened, even in sworn testimony.
An attorney at our firm can evaluate the details of your criminal record and recommend strategies for expungement or legal alternatives as necessary.
Exceptions That May Disqualify Expunction
If a court convicted you of another crime related to the incident in question, it could disqualify you for expunction. Likewise, a subsequent conviction for the same offense may prevent you from obtaining a court-ordered expungement.
You cannot have jumped bail, violated probation or received community supervision for the crime in question.
You cannot petition for an expunction order unless the statute of limitations or prescribed waiting period has expired. If a prosecutor or another entity needs your records for any reason, that fact may also prevent you from obtaining an expunction.
Legal Representation Can Help You Navigate the Expunction Process
Our legal team can prepare and submit a petition to the court where you initially faced charges to obtain an expunction order. The request requires a variety of information, including:
- Your name and identifying information
- The specific charges you faced
- Arrest date and location
- The law enforcement entity that arrested you
- The court where you faced charges
- Your case number
As a part of the petition, we must also name all parties in possession of your records as a respondent and submit a copy of the request to each one. Each of these individuals or agencies will have the opportunity to comment or protest.
The court will schedule a hearing date to hear relevant evidence both for and against granting your request. At the hearing, we will represent you and present all necessary evidence to prove that you qualify for an expunction order. Respondents may also appear to show proof or give testimony for why the court should not grant your request.
Criminal Record Non-Disclosure in Richardson, Texas
For eligible criminal charges, there are required conditions for receiving an order of non-disclosure. A non-disclosure order seals your record from public view and provides you with the legal right to deny that you got arrested or faced charges.
Although a non-disclosure order does not purge the charges from your record, they will not appear on a background check – although governmental agencies and members of the criminal justice system can still access the information.
To qualify for a non-disclosure order, you must have completed community supervision (probation) or deferred adjudication, and the court must have dismissed the charges.
You will not qualify for non-disclosure if any of the following occurred in your case:
- You plead guilty to the charges
- You entered a plea of no-contest
- A jury rendered a conviction.
Factors That May Affect Eligibility for Non-Disclosure
Even if you meet the qualifications for non-disclosure, the court may deny your request if your case involved any of the following offenses:
- Domestic assault
- Family violence
- Protection order violation
- Sex crimes
- Endangering or abandoning a child
- Injuring a child, elderly or disabled person
If the statutory waiting period or statute of limitations have not expired, the court can deny your request.
Statutory Waiting Periods for Expunction & Non-Disclosure in Richardson
The required waiting period for requesting an expungement depends on the nature of the crime. The court may consider your petition early, as long as the prosecutor in your case can retain the records until the waiting period ends.
All felonies require a three-year waiting period from the date of your arrest.
For misdemeanors, the statutory waiting periods are as follows, from the date of your arrest.
- Class C –180 days
- Class B – 12 months
- Class A – 12 months
You can petition for misdemeanor non-disclosure upon completing your required community supervision or other requirements outlined in your deferred adjudication agreement. The exception is that, if your charges pertained to sex crimes, weapons offenses, or violent acts, you must wait a full three years after completion of community supervision.
For any felony offense, you must wait for ten years after you finish community supervision before you can petition for non-disclosure.
Free Consultation with an Expunction & Non-Disclosure Lawyer
To successfully obtain an order of expunction or non-disclosure, you must follow the prescribed legal processes carefully. Otherwise, the court could throw out your request. Even more important, however, is that any respondent can attempt to convince the court that granting you an expunction or non-disclosure order is not in the best interest of justice.
The Law Offices of Randall B. Isenberg brings more than 30 years of experience in the Texas criminal justice system to work for you. Our legal team will work hard to get you the best possible outcome in your case.
To learn more about whether your case may qualify, you can consult with an expunction and non-disclosure lawyer in Richardson for free. Call us today at 214-696-9253 to schedule your complimentary consultation.