An old criminal record can stop you from achieving your goals of going to college, renting a home, or getting a good job. You may qualify to have it sealed or wiped clean.
If you are ready to get your life back on track, contact an expunction and non-disclosure lawyer in University Park for help. The Law Offices of Randall B. Isenberg has more than 30 years of experience in the Texas criminal justice system. Contact us today at 214-696-9253 to put that knowledge to work for you.
Getting Your Arrest Record Cleared with Expunction
An expunction removes prior criminal charges from your record. You can use this process for situations that include:
- Overturned criminal convictions
- Dismissed criminal charges
- Arrests that did not result in charges
- Pardoned convictions
If someone used your identity to commit a crime, expunction is the appropriate way to clear your record. If you made a mistake as a juvenile, you may also petition for expunction. We can help you work to clear your record for alcohol-related offenses and many types of misdemeanor offenses.
To pursue an order of expungement, you must have gone to trial (and received an acquittal or a conviction and subsequent pardon) for the offense in question. If you never went to trial, you can petition the court for expunction provided you did not face charges for violating probation.
Getting Your Record Sealed with Non-Disclosure
If your record does not qualify for expungement, non-disclosure may offer a favorable alternative.
A non-disclosure order seals your record to the public. This means that no potential employers or landlords will see your past mistakes when conducting a background check. After the court issues a non-disclosure order, you can legally deny that the arrest or conviction occurred.
You may qualify for expunction under the following conditions:
- The charge was a Class B misdemeanor or below, and
- You met the required terms of your deferred adjudication or probation.
You must wait to petition the court for a non-disclosure order until the end of the mandatory waiting period established in the Texas statutes.
You will not qualify for non-disclosure if you committed any subsequent crimes. The court may deny your petition if your crime involved any of these offenses:
- Domestic abuse
- Sex crimes
- Child endangerment
- Child abandonment
- Injury to a child, senior, or a disabled individual
Although these offenses generally do not qualify for non-disclosure, we offer a free consultation. Together, we can explore the specific circumstances of your record and determine your eligibility. Call today: 214-696-9253.
How an Expunction & Non-Disclosure Lawyer in University Park Can Assist You
Choose our legal team to assist you with your expunction or non-disclosure petition. We will handle every aspect of the legal process on your behalf.
Our services include:
Identifying the Correct Jurisdiction
Obtaining a non-disclosure or expunction order requires petitioning the correct jurisdiction(s). We must also identify any governmental agencies or entities that have a copy of your record.
Preparing the Petition
Our team will prepare the required petition for the court and other parties. This legal process ensures that an entity that wants to protest your request has the chance to do so.
Represent You in Court
Upon receipt of your petition for non-disclosure or expunction, the court will schedule your hearing. Our legal team will prepare to make your case at the hearing, which requires that we clearly demonstrate these points:
- You have satisfied all conditions required for expungement or non-disclosure.
- Granting your request is in the best interest of justice.
- You pose no threat to the public or to the justice system.
Complete the Expunction or Non-Disclosure Process
Once the court grants your request, we will issue copies of the order to all parties that have your record. This ensures they either destroy or seal the record per the court’s order.
Throughout the process, our team will be there to answer your questions and make a strong case on your behalf.
Expunction Orders and Statutory Waiting Periods
To obtain an expunction order, one of these events must have transpired:
- the prosecutor dropped the charges,
- the court dismissed your charges, and/or
- the statutory waiting period expired.
The statutory waiting period for each level of charges is as follows:
- Class C misdemeanor: 6 months from the date of arrest.
- Class B misdemeanor: 1 year from the date of arrest.
- Class A misdemeanor: 1 year from the date of arrest.
- Felony charges: 3 years from the date of arrest.
We can petition the court for expungement prior to the expiration of the statutory waiting period. However, the court will not consider your request unless the prosecutor approves. If the court does grant your request, the prosecutor has the right to retain your record until the waiting period ends.
Non-Disclosure Orders and Statutory Waiting Periods
The court will not consider your petition for a non-disclosure order until you fulfill all obligations required by the court.
Non-Disclosure for Misdemeanor Offenses
You can petition the court once you meet the conditions of your deferred adjudication or suspended sentence agreement. However, you must wait three years to petition the court for non-disclosure under some circumstances. This applies if your offense involved a sex crime, involved a weapons or firearms charge, or qualified as a violent crime.
Non-Disclosure for Felony Offenses
For non-disclosure for felony offenses, you must meet the conditions the court originally agreed to. Then you must wait ten years to petition the court for non-disclosure.
Free Consultation With an Expunction & Non-Disclosure Lawyer in University Park
At the Law Offices of Randall B. Isenberg, we understand how difficult a criminal record can make your life. Our priority is helping you put past mistakes behind you, so you can move forward with a clean slate. We also understand that the police and the criminal justice system sometimes make mistakes. We will work closely with you to make this complex legal process as simple as possible.
To learn more about the expunction and non-disclosure process in University Park, contact us today at 214-696-9253.