An expunction case will be given a hearing date at the time the petition for expunction is filed. Therefore, the sooner a petition for expunction is filed, the sooner it will be heard and possibly granted. To get started on the expunction process, contact Attorney Kevin Bennett for a free consultation. As soon as an expunction order has been granted, the petitioner can legally deny the arrest which has been expunged.
Austin Expunction / Record Sealing Frequently Asked Questions
The arrest and case records, however, will not be destroyed immediately. Instead an order is sent to the Texas DPS as well as any agencies listed in the order that maintain the records instructing them to destroy the records.
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Additionally, DPS is ordered to inform the federal depository of criminal records and any private purchasers of the Texas DPS Criminal Record Database that the records have been expunged by court order. From the time an expunction order is granted, it typically takes up to 90 days for the agencies to destroy the records. If you are concerned about having the records discovered on a background check prior to all of the records being removed, Attorney Kevin Bennett will gladly write a letter on your behalf to explain that the offense in question has been expunged and that these records can no longer be used against you under Texas law.
A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the records and files relating to that arrest is guilty of an offense if he knowingly releases or uses the records or files. Further, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor. A judge may place a defendant on deferred adjudication probation and defer any finding of guilt while the defendant completes the conditions of the probation.
If the defendant successfully completes the terms of the probation, the court will not enter a finding of guilt. However, the case records remain public and easily available for discovery. There is no provision under Texas law that automatically seals your criminal record after successful completion of deferred adjudication probation. If a court has not issued an order sealing a case in which you received deferred adjudication, there is a record of your arrest, filed charges, and your probation. Texas Government Code Section There are some offenses that are not eligible for an order of non-disclosure.
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An order of non-disclosure seals and prevents disclosure of criminal records to the public. If a Judge grants an order of non-disclosure, the non-disclosure order seals the criminal records that are subject to the order. Except under very narrow circumstances, you are also entitled to deny the fact that you were arrested or charged with the offense subject to the order. Under Texas law, there are some offenses that are ineligible to be sealed with an order of non-disclosure.
To find out more about an order of nondisclosure, you should contact a criminal defense attorney in the county where you were placed on deferred adjudication probation.
Common questions about expunging your record
An individual who has successfully completed deferred adjudication probation may qualify for an order of nondisclosure. An Order of Non-Disclosure, also referred to as sealing your record is a great way to limit the discovery of any past criminal history, you may have. If you wish to discuss your eligibility for an Order of Non-Disclosure for a case that occurred in Austin or Travis County, Texas, contact an Austin record sealing attorney at the Law Office of Kevin Bennett for a free confidential consultation and case evaluation.
You may contact Attorney Kevin Bennett at In most cases, an Order of Non-Disclosure can be obtained immediately after successful completion of deferred adjudication probation. However, some misdemeanor offenses have a 2 year waiting period from the discharge date while certain felony offenses have a 5 year waiting period.
How to Get a Copy of One's Criminal Record in Texas
Any potential waiting period will depend on the type of case you wish to have sealed. Kevin Bennett is an Austin record sealing lawyer who can review your criminal record and let you know whether you may be able to immediately request an Order of Nondisclosure or if you may qualify for getting your record sealed at a later date. The process will usually take a few months from start to finish.
To begin the process of getting your record sealed, you must first file a petition or motion in the Court where your case originated. In Travis County, a hearing date is usually set about weeks from the date the petition is filed.
A fee, payable by certified check or money order to the GCIC, is required. Click here for the inspection and fingerprinting fees. If you are unable to come in person, the following information is required:. Information should be mailed to the address listed in the contact information. Your request will be processed and a certificate letter with the results mailed to you.
How do I obtain a copy of a criminal history record from a State other than Georgia?
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How do I obtain a copy of my national criminal history record? Individuals may obtain a copy of their national criminal history record from the FBI. If one of the three sentencing conditions are met, i. Georgia law no longer requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation or the offender has received prior FOA treatment.
However, courts may revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt. Additionally, O. What is Conditional Discharge? Conditional discharge is designed for offenders not previously convicted of 1 furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age O.
The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program including, if necessary, medical treatment , not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society.
Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge and dismissal under this subsection may occur only once with respect to any person. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge and dismissal under this Code section may occur only once with respect to any person. Individuals sentenced in accordance with the provisions of O. What is Record Restriction? Access to that arrest information is restricted to criminal justice agencies only. Guilty dispositions are not eligible for record restriction. It is recommended that you review a copy of your criminal history prior to submitting the Request to Restrict Arrest Record Application to ensure that all charges have a final disposition listed and the disposition qualifies for restriction.
If a disposition is missing or incorrect, please contact the appropriate court; the court may transmit the disposition on-line. All applications must be approved or denied by the appropriate prosecutor. For nondisclosure see the question below. If you are granted an expunction, then you are legally allowed to say it never happened. The caveat is that an expungement must be competently enforced to remove online records.
This is the part of the process that is often overlooked. Under Texas law, private entities are only liable for disclosing expunged information after they have received notice of an expunction. Enforcing an expunction is the most crucial step in the process and requires a technical understanding of the background check industry. We are a firm of criminal defense lawyers who know how to do an expungement correctly and thoroughly remove expunged records. On any application for employment, information, or licensing, a person whose criminal history record information is the subject of an order of nondisclosure is not required to state that they have been the subject of any criminal proceeding related to the information that has been sealed by the order.
Therefore, aside from the exceptions below, if you receive a nondisclosure you can legally deny you were arrested or convicted on an application for employment. Sealed records are still accessible to law enforcement and certain government agencies and they may be disclosed in limited circumstances such as applying for a professional license.
Call us to find out whether your case is eligible for sealing through an Order of Nondisclosure.
Each criminal history event is evaluated according to its disposition, offense type, and level of offense. An expunction can help by destroying all records of the criminal case. Yes, both an expunction and an order of nondisclosure can affect the outcome of an application for a CHL in Texas. An expunction will remove the records of an arrest or case from the DPS records, therefore, it will not appear on the criminal history accompanying a CHL application.
An Order of Nondisclosure can make an applicant eligible for a CHL because deferred adjudication is considered a conviction for purposes of a CHL if it occurred within the past 5 years for a misdemeanor, and within the past 10 years for a felony. An Order of Nondisclosure can make an applicant eligible sooner because the current CHL statute excludes cases that have been sealed through Orders of Nondisclosure from being considered convictions for purposes of evaluating CHL eligibility.
If your DWI case qualifies for expunction then you can expunge the arrest and court records related to the DWI arrest. However, nondisclosure is applicable in cases where the prosecutor dropped the DWI charges in favor of a lesser charges.