A face-to-face meeting with Walter Reaves will help answer all of your questions, but until then, here are a few of the most frequently asked questions we hear.
One of the most frequent questions we get, especially in cases where we've been able to get the case dismissed or some kind of reduced charge, is what you have to say in response to a question on a job application.
The answer depends on which type of relief you obtained, but generally, if you get either an expunction or an order of nondisclosure, there are statutes that allow you to deny that you were ever arrested. So, if the question is asked, were you arrested? Then you can legitimately say "no".
For an expunction, there are also many times the question is, were you arrested and had charges dismissed? And again, you can answer that question "no". The statute prohibits anyone from using that expunction against you. So, no matter what the question, generally, you can safely answer that "no", and you've got a statute, both in expunction and nondisclosure, that you can point to and fall back on.
What Kind of Records Are Available to The Public?
Public Records of Any Arrest. First, arrest information is considered a public record. That is why you see lists in some newspapers of who all was arrested. That is also how news agencies find out about cases. They monitor the lists, and when someone newsworthy shows up, they start digging. Or if it's a slow news day, they might follow up on something that looks serious (like murder) or interesting.
Criminal History Records. The other type of record is a person’s criminal history. This would include a printout of every time someone has been arrested, and the disposition of that charge. It also includes all court activity, including what happened. This information is confidential, but that only means it cannot be disclosed to the public.
Public Databases. Since people want this type of information, it's not surprising that companies have stepped in to fill the demand. There are several companies, which will pull together the public information about someone and provide it - for a fee.
Record Sealing in Texas. What most people want to know is whether record sealing in Texas is possible, so no one can access their prior history. The answer depends on what happened with the case. In some cases, records can be expunged, while in other situations an order of non-disclosure can be entered.Don't Let Your Criminal Record Ruin Your Life. Contact Our Waco Expungement Lawyer Now!
If you are interested in an expunction or an order of non-disclosure and would like to find out if you qualify, fill out the contact form below or call 254-781-3588 to speak with our Waco expungement lawyer.
Some clients wonder who qualifies for expungement, and there are two really big issues that need to be addressed when considering whether you qualify for an expunction or not. And that is whether you were convicted or charged or processed in some way for another offense that arose out of the same criminal episode or if you were convicted of a similar offense in the past.
Normally, this arises in cases where you may have been arrested for multiple offenses. For example, you may have been stopped for a DWI, drugs were found, and you were charged with simply the DWI, the drug case was dismissed, not filed, or you entered into some kind of agreement where it was dismissed or not prosecuted. Since you were prosecuted on the DWI, then you're not able to get an expunction of the drug case. And that's because it was out of the same episode. You got a sentence for that. And so you don't qualify for
expunction on that.
There are some limited exceptions for that. Generally, those apply in cases where you negotiated some kind of agreement where it went down to a class C misdemeanor and you successfully completed that. But for the most part, most plea agreements, which included charges that are dismissed, you're not gonna be able to go in and get those expunged. The other problem that arises because of the way the court has construed the statute is that you're not entitled to an expunction if you were convicted of another offense arising out of the same criminal episode. you probably think the same criminal episode means the same transaction or at least close in time, and it does not mean that the court recently addressed or the courts have recently addressed situations where they have looked at DWI cases. And the situation is you're arrested for DWI, you either go to trial and are found not guilty or the case is dismissed. You then try to expunge that, but you were prosecuted or arrested for a DWI in the past. And it really doesn't, apparently, make much difference how long ago. That is considered the same criminal episode because it's the same offense. And so, if you've been convicted of the same type of offense, whether you're placed on probation or whatever the process, you're not gonna be entitled to an expunction. Those two things are really what prevents most people who otherwise might qualify for an expunction from getting it.
Don't Let Your Criminal Record Ruin Your Life. Contact Our Waco Expungement Lawyer Now!
If you are interested in an expunction or an order of non-disclosure and would like to find out if you qualify, fill out the contact form below or call 254-781-3588 to speak with our Waco expungement lawyer.
There are two separate processes in Texas for clearing up your criminal record or record of an arrest. And so the first question is what those are, and what's the difference between the two. The two separate processes are expunction and nondisclosure.
An order of expunction or a petition for expunction is generally limited to those cases where you're either arrested and no charges are filed or you're arrested and the charges are dismissed or in some cases, it involves cases where you've gone to trial and been found not guilty or obtained a pardon from the governor.
Nondisclosure covers those cases where you went to court and received some type of sentence; generally, there are a couple of different ways that can come into play. One is where you were placed on deferred adjudication probation, and if you successfully completed that, you may qualify for an order of nondisclosure. And more recently, there have been some misdemeanor offenses where the courts or the legislature expanded the protection that allows you to enter an order of nondisclosure or obtain an order of nondisclosure in those situations.
The big difference between the two is really in the process and the protection that you get under a petition for expunction if that's granted, a notice is sent to every agency that has any records, and they're required to search their files, gather up all the information they have and either send those to the court or destroy them, once that's done then there is no record whatsoever of your arrest or your case. There are some limited exceptions to that, but for the most part, that effectively destroys any evidence or any record that exists concerning your case.
One of the notices that go out is to private entities that collect information, such as public data or LexisNexis. A nondisclosure is not nearly as comprehensive. That simply is an order from the court that's sent to DPS or to a criminal justice agency and it tells them that they can't disclose the fact of the arrest and the case, there are a lot of exceptions to that, which we'll talk about in another article, but the burden is on the department of public safety to send those notices to the agencies. And then they're prevented from disclosing that information, except in certain circumstances.
For the most part, a nondisclosure is not nearly as comprehensive as an order of expunction. And so it's really something that you obtain if you don't qualify for an expunction.
There are two separate processes in Texas for clearing up your criminal record or record of an arrest. And so the first question is what those are, and what's the difference between the two? The two separate processes are expunction and nondisclosure.
An order of expunction or a petition for expunction is generally limited to those cases where you're either arrested and no charges are filed or you're arrested and the charges are dismissed or in some cases, it involves cases where you've gone to trial and been found not guilty or obtained a pardon from the governor.
Nondisclosure covers those cases where you actually went to court and received some type of sentence and generally, there are a couple of different ways that that can come into play.
One is where you were placed on deferred adjudication probation, and if you successfully completed that, you may qualify for an order of nondisclosure. And more recently, there have been some misdemeanor offenses where the courts have, or the legislature expanded the protection that allows you to enter an order of nondisclosure or obtain an order of nondisclosure in those situations.
The big difference between the two is really in the process and the protection that you get under a petition for expunction if that's granted, a notice is sent to every agency that has any records, and they're required to search their files, gather up all the information they have and either send those to the court or destroy them, once that's done then there is no record whatsoever of your arrest or your case.
There are some limited exceptions to that, but for the most part, that effectively destroys any evidence or any record that exists concerning your case.
One of the notices that go out is to private entities that collect information, such as public data or LexisNexis. A nondisclosure is not nearly as comprehensive. That simply is an order from the court that's sent to DPS or to a criminal justice agency and it tells them that they can't disclose the fact of the arrest and the case, there are a lot of exceptions to that, but the burden is on the department of public safety to send those notices to the agencies. And then they're prevented from disclosing that information, except in certain circumstances.
For the most part, a nondisclosure is not nearly as comprehensive as an order of expunction. And so it's really something that you obtain if you don't qualify for an expunction.
If you're thinking about getting an expungement in Texas, or an order of nondisclosure, one of the questions you might have is "why do I need to seal my record?" Another question is, "what it will really do?", in this video, I'll answer some questions you may have.
Why Do I Need to Seal My Record?
The answer the first question is that it really depends on your situation. The question about your criminal record can come up in any number of different scenarios or situations. The most common situation - and the one that everybody thinks about - is when you go to apply for a job. Most job applications have some form of the question asking whether you have you been convicted or arrested. When you have to answer that question yes, that usually puts you down at the bottom of the list and lets somebody jump ahead of you. But it's not only employment applications where the issue comes up. It can come up in other situations, such as:
- you're applying for loans.
- you're filling out a lease applications
- you're trying to get some kind of certification or license.
- you're trying to get approval for things like chaperoning or being able to go on your kids' school trips
- your called for jury service
- You're dating someone who decides to run a background check on you
By The Time You Realize it's a Problem, It's Usually Already Too Late
If you put this off, it's usually too late to fix the problem. For that reason it's wise to go ahead and take care of it now, before it's too late to fix it. You owe it to yourself and your family to make sure this one mistake doesn't continue to follow.
Schedule an Expungement in Texas Consultation With Our Waco Criminal Defense Lawyer
If you wanna find out if you qualify for either an expungement in Texas or an Order of Non-Disclosure, please download our checklists. We've got one for expunctions, and we've got one for nondisclosures. These are the same checklists we use if you call. You can easily check and find out if you qualify. And if you do, we'll be glad to talk to you about trying to help.
If you have questions or if you are ready to pursue this now, please contact us and let us help.
One of the first questions we ask when someone wants to file a motion for non-disclosure is, "when were you discharged from supervision". The reason is that there are waiting periods for most offenses. The time starts from when your probation expired, or you were discharged from supervision.
For felony offenses it's pretty straightforward - you have to wait 5 years. For misdemeanors, it's more complicated. There's either a two-year waiting period or no waiting period. The two-year waiting period applies to the following offenses:
- Abuse of corpse
- Advertising for placement of child
- Aiding suicide
- Assault
- Bigamy
- Cruelty to animals
- Deadly conduct
- Destruction of flag
- Discharge of firearm
- Disorderly conduct
- Disrupting meeting or procession
- Dog fighting
- False alarm or report
- Harassment
- Harboring runaway child
- Hoax bombs
- Indecent exposure
- Interference with emergency telephone call
- Leaving a child in a vehicle
- Making a firearm accessible to a child
- Obstructing highway or other passageway
- Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
- Public lewdness
- Riot
- Silent or abusive calls to 9-1-1 service
- Terroristic threat
- Unlawful carrying of handgun by license holder
- Unlawful carrying weapons
- Unlawful possession of firearm
- Unlawful restraint
- Unlawful transfer of certain weapons
- Violation of protective order preventing offense caused by bias or prejudice
If you were convicted of any other misdemeanor offense - and it's an offense eligible for a non-disclosure order - there is no waiting period. That means that the day you are discharged from probation you can file a petition for non-disclosure.
For more information on which offenses are not eligible for a non-disclosure order, you can check this article.
As you can see, when to file a motion for non-disclosure is not an easy question to answer, which is why you should talk with a lawyer who is knowledgeable in this area. If you have a case where you think you might be eligible for a non-disclosure order we will be happy to talk with you about that.
If you look at some legal websites you might think you can clear your record any time you are placed on deferred adjudication, and successfully complete it. That is far from the truth. Not only are there some offenses that are are not eligible for a non-disclosure order, but a prior conviction for certain types of offense will prevent you from obtaining the order.
The following offenses are not eligible for an order of non-disclosure:
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct (incest)
- Aggravated kidnapping
- Burglary of a habitation with intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Capital murder
- Murder
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate's order
- Stalking
- Any other offense involving family violence
You also can't obtain an order of non-disclosure if you have previously been convicted of one of the above offenses. This is why no lawyer should ever tell you they can obtain an order of non-disclosure for you before they find out your prior history criminal history. Just because you're eligible based on your current conviction, a prior conviction might make you ineligible.
You will see that one of the offenses listed above is family violence assault. We frequently have people requesting an order of non-disclosure where they were placed on deferred adjudication for an assault involving family violence. Unfortunately, there is nothing you can do if you were placed were on deferred adjudication for that offense. You need to know that when you enter your plea - and understand that you aren't getting the same benefits from receiving deferred adjudication as other defendants.
Another thing that will keep you from obtaining an order of non-disclosure is getting convicted of - or placed on deferred adjudication - for a subsequent offense. Sometimes people will wait to obtain an order of non-disclosure, and not get it as soon as they are eligible. They then slip up and end up with another charge. Unfortunately, they have lost their chance of getting the order for the first case. However, if the new offense is not one of the offenses listed above, you can obtain an order of non-disclosure for the second case.
Before you go to the trouble of filing a petition for non-disclosure make sure you are familiar with the statute or talk with a lawyer who is. There's no reason to waste your money if you aren't going to be eligible. If you need advice about whether you qualify, contact our office for an honest, experienced opinion on your case at (254) 296-0020 or by filling out the contact form on this site.
Expunction and nondisclosure are both excellent opportunities for individuals who have a criminal offense on their record that they would like to see disappear (or disappear as much as possible). They give some people a second chance at functioning in society without a black mark on their criminal record. However, the two options are quite different in what they can actually offer someone.
Keep reading to see how an experienced criminal defense lawyer can help you with your expunction and nondisclosure orders in Texas.
Expunction and Nondisclosure: What's the Difference?
Expunction in Texas means that you can have a certain offense removed from your criminal record completely. After expunction, it’s as if the incident never happened. If you ever have to take the stand in another trial and you have to swear under oath that you've never been involved with the law, you can legally do that after an expunction. Expunctions can be very hard to get; they are generally given out in very specific, special circumstances. If you were arrested for a crime and never charged, or you were charged with a crime that was ultimately dismissed, you're probably eligible for an expunction.
An order for nondisclosure in Texas does not wipe your record clean, but it does make it so that most p
eople cannot access your record. Only some government officials will be permitted to examine your record. The incident covered by a nondisclosure order will not be public knowledge, and most people will never know about what happened with your legal troubles. A nondisclosure order is available for people who have successfully completed deferred adjudication and have received a discharge or dismissal of the deferred adjudication.
Are You Eligible? Schedule a Consult With Our Waco Criminal Defense Lawyer
If you think you may be eligible for an expunction or nondisclosure order in Texas, contact the Law Office of Walter Reaves to schedule a consultation with our experienced Waco criminal defense lawyer.
expunction on that.
eople cannot access your record. Only some government officials will be permitted to examine your record. The incident covered by a nondisclosure order will not be public knowledge, and most people will never know about what happened with your legal troubles. A nondisclosure order is available for people who have successfully completed deferred adjudication and have received a discharge or dismissal of the deferred adjudication.