Parker County - TX
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Law Offices Of Richard C. McConathy
Criminal records have the potential to cause a host of problems for some people later on in life, which often incentivizes the purpose of Record Sealing / Expunging a criminal record. The two processes are not the same, as expunging a record removes it completely while sealing a record only hides information from the public while some information remains available to law enforcement agencies.
The process of Record Sealing / Expunging a criminal record is by no means easy, so many people who are interested in partaking will have to hire a lawyer to assist. People certainly need to take all of the necessary time to fully prepare for what could be a very challenging ordeal.
Did you need a criminal record sealed or expunged in Parker County? Make sure that you are working with a dedicated criminal defense lawyer who can capably handle your case.
The Law Offices of Richard C. McConathy understands what is needed to get criminal records sealed or expunged, and our firm will be able to make sure that you are able to achieve the most favorable possible outcome to your case. We will better be able to detail our approach when you call (817) 458-3226 or contact our firm online to take advantage of a free consultation.
According to section 55.01 of the Texas Code of Criminal Procedure, individuals who have been charged with certain criminal offenses are eligible to expunge their criminal record. However, anyone who has been convicted of a criminal offense will not be eligible to have their criminal record expunged. In order to make their criminal record inaccessible to the public, they will have to have their record sealed or request a non-disclosure order.
Expunging a criminal record would effectively delete the criminal offense the individual is seeking an expunction for. A criminal record expunction is available for individuals who have been:
An individual who is eligible to have their criminal record expunged must follow certain procedural steps when filing the petition to have the record expunged, including providing the following information in their petition for expunction:
According to section 55.02 of the Texas Code of Criminal Procedure, the court is required to expunge an eligible individual’s criminal record if they request an expunction within 30 days of an acquittal of their criminal charges.
When your criminal record is expunged, information about an arrest, charge, or conviction will be removed from your record and you can deny the incident ever happened. Only certain records are eligible for expunction under Texas law. The following records are eligible for expunction:
Just because your record qualifies for expunction doesn’t automatically mean the court will grant it. The court will not grant expunction under the following circumstance:
You also lose your eligibility to have a felony offense removed if the crime has been dismissed and the statute of limitations for the offense subject to expunction has not expired. A statute of limitation is the length of time a court has to prosecute you for a crime. Most statutes of limitations last three years, but they vary depending on the crime.
Anyone who has been placed on deferred adjudication through probation or community supervision in Dallas will likely be able to conceal their criminal record by sealing it or requesting an order of non-disclosure under section 411.081 of the Texas Government Code.
If an individual has been placed on deferred adjudication and they subsequently receive a discharge or a dismissal of their criminal charges, they are eligible to petition for nondisclosure and have their criminal record sealed.
After an individual has had their criminal record sealed, they do not have to disclose they were involved in any criminal proceeding on any application for employment, application for licensing or application for educational admissions.
A felony offender may be eligible to petition for a non-disclosure of their criminal record five years after completing their deferred adjudication probation or community supervision.
A misdemeanor offender may be eligible to request a non-disclosure immediately after they complete a period of deferred adjudication community supervision. In other cases, a misdemeanor offender will be required to wait a period of two years before filing a petition for non-disclosure. Offenses requiring a two-year waiting period can include but are not limited to assault, harassment, indecent exposure, unlawful carrying of a weapon, or unlawful possession of a firearm.
When your record is sealed, criminal justice agencies are prohibited from providing your record to certain entities such as employers, the general public, and private investigators. You will not be able to deny the offense ever happened and certain agencies will still have access to your criminal record. These agencies include law enforcement, schools, hospitals, Texas licensing and regulatory agencies, state, county, and municipal hiring authorities.
The process of sealing is neither simple nor automatic. For starters, you are required to meet six conditions to be eligible for an order of non-disclosure. These conditions include the following.
You cannot have any of the mentioned offenses on your criminal record, even if you are not seeking to have it sealed.
If your criminal record meets the requirements, you can petition the court to have it sealed. The decision to grant the request is solely up to the judge and they can deny your petition if it’s not “in the best interest of justice.” There are many pitfalls in this area of the law, so hiring a lawyer during this process would be beneficial.
Non-disclosure is also available for misdemeanor offenses. For some misdemeanors, you may petition for non-disclosure immediately after completing a deferred adjudication period. For other crimes, you must wait two years before petitioning for non-disclosure. These offenses include:
Some crimes are never eligible for non-disclosure. These include:
Expunction of Criminal Record | Texas Penal Code — Chapter 55 of the Texas Code of Criminal Procedure defines criminal record expungement in Texas, including eligibility, procedure and effect of expunction. Read through the section of the Penal Code that governs criminal record expunction in Texas. You can learn more about who has the right to expunction, the process and the effect of expunction.
Order of Non-Disclosure | Texas Government Code — Chapter 411 of the Texas Government Code defines criminal record sealing, or non-disclosure, in Texas, including procedure, eligibility and offenses not eligible for criminal record sealing. Follow this link to read a subchapter of the Government Code that explains who is eligible for an order of non-disclosure and the procedures that must be followed. Various procedures are described.
If you need a criminal record sealed or expunged in the Weatherford area, do not try to handle things by yourself. You will only end up wasting valuable time and you could end up hurting your own case later on.
Make sure things get handled right the first time by working with The Law Offices of Richard C. McConathy. Our firm will take the time to explain everything that you can do in your case as soon as you call (817) 458-3226 or contact us online to schedule a free consultation.
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