Criminal Record Sealing

criminal record sealingDon’t let your past hold you back. A criminal record can do just that. If you have charges on your record from cases that are closed, you may be eligible to have them sealed or expunged.

Depending on the circumstances and disposition of your offense, you may be eligible for either an expunction or a nondisclosure.

What is the Difference Between Expunction and Nondisclosure?

An expunction deletes everything. An order of expunction literally wipes the record clean. After a successful expunction, you can say legally and with confidence, that the incident you had expunged never happened.

A nondisclosure is the next best thing. A nondisclosure is an order to seal your record. While your record is sealed and not accessible to the private sector, the Government can still access it.

It is important to note that you cannot choose between the two. You either qualify for one or the other (or neither).

Who Qualifies for an Expunction?

You qualify for an expunction if your case was dismissed or pardoned. You also qualify if you won an acquittal at trial.

Who Qualifies for a Nondisclosure?

You may be eligible to petition the court for an order of nondisclosure if you received deferred adjudication and in some cases a final conviction.

However, the following is a list of offenses that are not eligible for non-disclosure:

  • Family violence offenses
  • Sex offenses
  • Child abuse
  • Abandoning or endangering a child
  • Abuse of an elderly or disabled person
  • Murder
  • Violation of a protective order
  • Stalking

How Long do I Have to Wait to Seal My Record?

Eligibility is not automatic. There are certain waiting periods in each case that must be completed before you can file a petition for a nondisclosure order:

  • Misdemeanor Offenses – If you’ve completed deferred adjudication probation for certain misdemeanors, the waiting period is 2 years from the date your case is dismissed
  • All Other Misdemeanor Offenses – You may file immediately upon completion of your probation and dismissal of your case, with no waiting period, for any misdemeanor not listed above
  • Felony Offenses – For most felony offenses, you must wait 5 years from the date of discharge from probation and the dismissal of the case to apply for nondisclosure of your record

Delete Your DWI

If you have a DWI conviction on your record you may now be eligible to seal it. The law in Texas changed on September 1, 2017, and it is retroactive. Therefore, anyone that meets the qualifying factors may now petition for nondisclosure on their DWI.

To learn more about sealing your DWI arrest, go here.

Criminal Record Sealing

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    Read More Reviews

    WE FIGHT FOR DISMISSAL

    WE FIGHT FOR DISMISSAL

    CHARGES DISMISSED

    DRIVING WHILE INTOXICATED .15

    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

    CHARGES DISMISSED

    DRIVING WHILE INTOXICATED .15+

    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

    CHARGES DISMISSED

    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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