Expunctions & Non-Disclosures Attorneys in San Antonio, Texas
Expunctions and Non-Disclosures
The Legal Clean Slate
Most people have made a mistake in their past that they wish they could erase. Sometimes, that may even include a brush with the law resulting in an arrest or criminal investigation. If you have been arrested in the past, you may qualify to have the record expunged (erased) or sealed.
Records eligible for expunction include:
An arrest for a crime that was never charged;
A criminal charge that was ultimately dismissed;
Certain qualifying misdemeanor juvenile offenses;
Conviction of a minor for certain alcohol offenses;
Conviction for Failure to Attend School;
Arrest of a person that is not charged if a case is not filed and there is no felony offense arising out of the same transaction for which the person was arrested;
Arrest of a person that is never formally charged, regardless of whether the statute of limitations has expired, if the prosecuting attorney’s office certifies that the records and files are not needed for use in any criminal investigation or prosecution of another person;
Arrest, charge, or conviction on a person’s record due to identity theft by another individual who was actually arrested, charged, or convicted of the crime;
Conviction for a crime that was later acquitted by the trial court or the Court of Criminal Appeals;
Conviction for a crime that was later pardoned by the governor of Texas or the U.S. president.
Keep in mind that not all individuals with records eligible for expunction listed above qualify to receive an expunction. For example, a person cannot file a petition seeking expunction of a felony charge that has been dismissed if the statute of limitations (amount of time that the state or county has to prosecute an action against a person after the arrest). This time period is determined by the type of crime.
Let the expunction attorneys at Dauphin Law help you decide if you qualify for an expunction or non-disclosure order. You deserve a clean slate and we can make it happen for you.
Applying for an Expunction Order
If you hire Dauphin Law expunction attorneys, after determining that you qualify, we will file a Petition for Expunction with the district court requesting that the judge grant an Order for Expunction. The petition for expunction is the written request submitted to the Court requesting that all records relating to the criminal offense are destroyed.
Once the Expunction Is Granted
After the judge grants the expunction, we will present an Order for Expunction to the court for the judge’s signature. The judge’s order must then be submitted to all agencies or organizations that may have records or files connected to the expunged violation. The records must then either be destroyed or returned to the court clerk pursuant to the court’s Order for Expunction.
Like with any legal proceeding, following procedure when applying for an order of expunction is important, and mistakes can lead to consequences. You can avoid these consequences by hiring experienced expunction attorneys like those at Dauphin Law. We are here to help because you deserve a clean slate.
Not everyone qualifies for an expunction. However, if expunction is not an option because of the nature of the offense, charge, or conviction, an Order for Nondisclosure may still be a possibility. A non-disclosure order does not completely destroy all records of the violation, but seal them to limit public access by certain private parties. However, the records are still accessible to government agencies and will be admissible in certain court actions.
If you have successfully completed deferred adjudication and received a discharge and dismissal of the deferred adjudication, you may qualify to apply for a nondisclosure order under the Government Code §411.081. Keep in mind, even if you have completed deferred adjudication, you must meet certain requirements to qualify for a non-disclosure order.
Applying for a Non-Disclosure Order
If you hire Dauphin Law record sealing attorneys, after determining that you qualify, we will file a Petition for Non-disclosure Order in the court that originally heard the case. The petition is the written request that the judge grant an Order for Non-disclosure. Judges typically have more discretion when it comes to reviewing requests for non-disclosure than expunctions. This can be good for petitioners, but judges will deny the request if justice will not be served if granted.
Once the Order for Non-Disclosure Is Granted
After the court grants the non-disclosure order, the records relating to the offense will no longer be accessible to the public but will continue to be accessible to government agencies and certain licensing boards. This can benefit you when applying to jobs and educational programs in the private sector.
Like with any legal proceeding, following procedure when applying for an order for non-disclosure is important, and mistakes can lead to serious consequences. You can avoid these consequences by hiring experienced record sealing attorneys like those at Dauphin Law. We are here to help because you deserve a clean slate.