Expunction & Non-Disclosure Lawyer in McKinney
Having an arrest or criminal conviction on your record can haunt you for years or decades to come. It can interfere with your ability to get a job, rent a home, apply for a professional license, or get into a good school.
An expunction and non-disclosure lawyer in McKinney can help you wipe the slate clean, allowing you to live the life you deserve. Attorney Randy Isenberg has more than 30 years of experience working as a criminal defense attorney, state court judge, and felony prosecutor. Our legal team understands how to petition for an order of expunction or non-disclosure, and we know how to avoid the pitfalls that can lead to the court’s denial of your request.
At the Law Offices of Randall B. Isenberg, we offer no-cost, no-obligation consultations to explain the process and discuss how sealing or expunging your criminal record could benefit you.
Call us today to at 214-696-9253 to schedule your appointment.
What Is Expunction and How Does the Process Work?
In Texas, expunction is the process to remove any mention of an arrest from your record. An expunction lawyer can assist you with this process as long as your case meets the requirements in the Texas Code of Criminal Procedure.
If the police placed you under arrest, but they never pressed charges, or if the prosecutor dismissed the charges, you may qualify for expungement. This process is also appropriate for your situation if your arrest was for an alcohol-related charge or a misdemeanor that occurred while you were a minor. Expunction can help if you had a conviction overturned, or if you received a pardon.
For the court to approve your request, you must never have had any conviction related to the incident in question. Your case must not have involved any probation violation, and you must not have jumped bail. You will also fail to qualify for expungement if a judge gave you probation for the incident.
If the prosecution dropped your charges, or if the prosecutor has no further need for your records, you can petition for expunction at any time. Otherwise, you must wait until the statute of limitations or statutory waiting period expires.
How Will an Expunction Lawyer Help?
When you trust the Law Offices of Randall B. Isenberg to handle your expunction petition, we will begin by identifying the court that originally handled your case. We must then identify the various locations of your records.
We must name any court, agency, facility, or individual with your records in the court petition as a Respondent. This allows each one to weigh in and voice any objection to the purging of your record.
The court will set a day and time for your hearing, which you must attend. If any Respondents disagree with expunging your record, they may attend the hearing explain why.
Our legal team will then present evidence to document your eligibility for expunction. This demonstrates to the judge that you have met all obligations necessary for having your record purged.
What Is a Non-Disclosure and How Can It Help?
If you do not qualify for an expunction, you can explore the possibility of having your criminal record sealed through the non-disclosure process.
To accomplish this, our legal team will file a petition for non-disclosure. Once granted, this ensures that the public cannot access your criminal history. The only people who will continue to have access to your history are those agencies that the court deems necessary. However, your record will still be legally admissible in court.
Under state law, you may qualify for non-disclosure for certain crimes. However, you must have met the terms of any applicable deferred adjudication or probation agreement and any other requirements the court imposed.
Although many offenses qualify for a non-disclosure petition, the court will deny your request if your crime involved injuring, endangering, or abandoning a child, senior, or at-risk person.
You typically will not qualify if you committed a kidnapping offense, a sex crime, or murder. The crimes of stalking and domestic or family violence also do not qualify. The court will not grant a non-disclosure request if you violated any protective order.
You cannot petition for non-disclosure until the statutory waiting period expires, and you must already have completed any deferral program or probation. Finally, you cannot get a non-disclosure order if you had any subsequent criminal conviction during the statutory waiting period.
What Are the Waiting Periods for Expunction and Non-Disclosure?
The statutory waiting period to obtain an expunction order depends on your charges. For a Class C misdemeanor, you can petition the court 180 days after your arrest. For a Class A or B misdemeanor, you must wait a full year to petition for expunction. For qualifying felonies, you can petition for an expungement three years after your arrest date.
If you elect to request an expunction early, the court may grant your petition. However, in that case, the prosecutor’s office has the right to retain your records until the statutory waiting period or statute of limitations expires.
State laws allow you to petition for a non-disclosure order for most misdemeanor offenses as soon as you complete your deferred adjudication or probation requirements. However, if your misdemeanor case involved a sex crime, weapons charge, or a violent crime of any type, you must wait two years after the completion of deferral or probation to petition the court for non-disclosure.
For a qualifying felony offense, you must wait for five years after your date of discharge or dismissal before filing a petition for non-disclosure.
Schedule a Free Case Review With an Expunction and Non-Disclosure Lawyer in McKinney.
The Law Offices of Randall B. Isenberg offers free case reviews and consultations to new clients. This allows our team to learn the details of your situation and explain your options. We will also answer your questions so you can make the best possible decision for your future.
Contact our office today at 214-696-9253 to schedule your appointment.