If an old arrest or conviction stands between you and your goals, you may want to consider finding out if your record can be sealed or expunged. A criminal record can interfere with your ability to obtain employment, rent a house, or get into the college or university of your choice. Depending on the offense, it may even prevent you from qualifying for a student loan or holding a professional license.
Clearing Your Allen, TX, Record Through the Expunction Process
To have old criminal charges, arrests, or convictions removed from your record, you need to pursue expunction (sometimes also called expungement). Once the court issues an order of expunction, you can legally deny the event occurred. You can even legally make this statement under oath.
The expunction process is appropriate for:
- An arrest for which the prosecutor never filed charges
- Criminal convictions overturned in court
- Criminal charges dismissed by the prosecutor or court
- Criminal convictions for which you were later pardoned
- Criminal charges incurred by someone who stole your identity
- Alcohol offenses incurred as a juvenile (under age 18)
- Some misdemeanor offenses incurred as a juvenile
The court may grant your request for an expunction order as long as the prosecutor agreed to drop the charges, or the court dismissed them. Otherwise, you must wait until the expiration of the statutory waiting period, unless the prosecutor agrees.
The statutes establish the following waiting periods:
Class C misdemeanor: the court will typically not agree to expungement sooner than 6 months after your arrest date
Class B misdemeanor: 12 months after your arrest date
Class A misdemeanor: 12 months after your arrest date
Felony charges: 3 years after your arrest date
Clearing Your Allen, TX Record Through the Non-Disclosure Process
If your situation does not fit the criteria necessary for expunction, you could get the information sealed from public view through an order of non-disclosure. Once the process is complete, your record cannot be viewed by anyone who runs a background check, commonly requested by:
- Potential employers
- Property managers and potential landlords
- Professional licensing bodies
- Colleges and universities
Once the process concludes, you have a legal right to deny the conviction or arrest ever took place.
The two primary conditions for non-disclosure are:
- Your charge was Class B misdemeanor or less; and
- You completed all obligations outlined in your probation or deferred adjudication agreement
The court typically does not issue a non-disclosure order if you subsequently faced any criminal charges. And, in most cases, the court does not issue an order of non-disclosure until the statutory waiting period ends.
Misdemeanor Offense Waiting Period
Once you fulfill the obligations of your suspended sentence or deferred adjudication agreement, you can petition the court to have your record sealed. Exceptions include violent crimes, weapons charges, and sex crimes, all of which require a three-year waiting period.
Felony Offense Waiting Period
You must wait 10 years after you fulfill the obligations of a suspended sentence or deferred adjudication agreement.
Let an Allen, TX Expunction and Non-Disclosure Lawyer Handle Your Case
When you work with an expunction and non-disclosure lawyer in Allen from the Law Offices of Randall B. Isenberg, you benefit from our in-depth knowledge of this complex area of the law.
Criminal defense attorney Randall Isenberg, with more than 35 years of experience in the Texas criminal justice system, formerly served as chief felony prosecutor and state court judge. We put this knowledge, insight, and experience to work for you.
Our services to you include:
Handling Every Aspect of Your Case
Our legal team takes care of every detail of the non-disclosure or expunction process on your behalf. This ensures your petition meets or exceeds court requirements. It also ensures you make a well-supported argument, providing the best chance of a favorable outcome.
Identifying and Verifying Jurisdiction
Non-disclosure and expunction orders come from a variety of sources, depending on the original jurisdiction that handled your case. We identify the jurisdiction(s) where you must submit your petition. We also identify all agencies that must receive a copy.
Preparing and Submitting Your Petition
We handle the complex process required to prepare and submit your petition for non-disclosure or expungement, ensuring all required agencies are served.
Making the Strongest Possible Case in Court
The process requires you to attend a hearing, during which you have the chance to argue for a granting of your petition. Our legal team will present your case to the judge and highlight critical factors including:
- Demonstrating specifically how you satisfied all requirements of non-disclosure or expunction
- Demonstrating that you do not pose any threat to the criminal justice system or the public
- Demonstrating how granting the order serves the best interest of justice and the state of Texas
Completing the Necessary Final Steps
When the court agrees to grant an order of expunction or non-disclosure, the process requires several additional steps to be legally complete. We handle all the details necessary to meet your legal obligations. Arguably, the most important step in the process is verifying all parties have complied with the order and either sealed or expunged your record per the terms of the court’s order.
Throughout the petition process, we communicate with you and provide updates about your case. Our legal team will fight to the end to obtain the best possible outcome for you.
See How an Expunction and Non-Disclosure Lawyer in Allen Can Help You
The legal team at the Law Offices of Randall B. Isenberg understands how having a criminal matter on your record can interfere with your life, holding you back and standing in the way of your goals and dreams. You deserve to have these issues resolved and we fight to help accomplish this goal.
Even if you suspect you may not qualify to have your record sealed or expunged, talk to our legal team so we can explore all aspects of your case and identify all potential options for you.
To answer your questions and explain the next steps, we offer a free consultation and case evaluation with a member of our legal team. Call today at 214-696-9253 to learn how an Allen expunction and non-disclosure lawyer can help you put the past behind you.