Law Offices Of Richard C. McConathy

Record Sealing / Expunging

Weatherford Record Sealing / Expunging Attorney

Criminal records have the potential to cause a host of problems for some people later on in life, which often incentivizes the purpose of sealing or 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 sealing or 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.

Record Sealing : Expunging3

 

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.

 

Texas Criminal Record Expungement

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:

  • Charged with an offense, but were later acquitted;
  • Wrongfully accused of a criminal offense; or
  • Charged with an offense, but the charges were later dismissed.
 

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:

  • All verifying information, such as name, sex, race, date of birth, driver’s license number, social security number, and address at the time of their arrest;
  • The offense they were charged with;
  • The date they were arrested;
  • The county or municipality where they were arrested;
  • The arresting agency;
  • The case number and court where the offense took place; and
  • Any law enforcement agency that may have information about the offense and any criminal records or files pertaining to the petitioner.
 

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:

  • A criminal charge that was dismissed
  • An arrest for a crime that was never charged
  • Certain misdemeanor juvenile offenses
  • Certain alcohol offenses related to minors
  • A conviction for failure to attend school
  • An arrest, charge, or conviction due to identity theft committed by an offender who was actually charged for the crime
  • Conviction of a crime that was acquitted by a trial court or the Criminal Court of Appeals
  • Conviction of a crime that was pardoned by the Governor of Texas or the President of the United States
 

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 received deferred adjudication or probation
  • A felony conviction within five years of the arrest you seek to have expunged
  • The offense wishing to be expunged as part of a “criminal episode”
  • Charges are pending against you for a different crime
 

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.

 

Non-Disclosure of a Criminal Record in Weatherford

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 were placed on deferred adjunction for the offense you plan to seal
  • Deferred adjunction was completed
  • The statute of limitations for the offense has passed
  • You were not convicted or placed on deferred adjudication for another crime
 
The offense you plan to have sealed is not any of the following:
  • Aggravated kidnapping
  • Murder
  • Capital murder
  • Injury to a child, elderly or disabled person
  • Child abandonment or endangerment
  • Stalking
  • Domestic violence
  • Violation of court order or bond for domestic violence
  • Sexual assault
  • Any offense that requires sex offender registration
 

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:

  • Texas Penal Code § 42.08: Abuse of a Corpse
  • Texas Penal Code § 25.09: Advertising for Placement of a Child
  • Texas Penal Code § 22.08: Aiding Suicide
  • Texas Penal Code § 22.01: Assault
  • Texas Penal Code § 25.01: Bigamy
  • Texas Penal Code § 42.092: Cruelty to Animals
  • Texas Penal Code § 22.05: Deadly Conduct
  • Texas Penal Code § 42.11: Destruction of a Flag
  • Texas Penal Code § 42.12: Discharge of a Firearm
  • Texas Penal Code § 42.01: Disorderly Conduct
  • Texas Penal Code § 42.05: Disrupting Meeting or Procession
  • Texas Penal Code § 42.10: Dog Fighting
  • Texas Penal Code § 42.06: False Alarm or Report
  • Texas Penal Code § 42.07: Harassment
  • Texas Penal Code § 25.06: Harboring Runaway Child
  • Texas Penal Code § 46.06: Hoax Bombs
  • Texas Penal Code § 21.08: Indecent Exposure
  • Texas Penal Code § 42.062: Interfering with Emergency Phone Call
  • Texas Penal Code § 22.10: Leaving a Child in a Vehicle
  • Texas Penal Code § 46.13: Making a Firearm Accessible to a Child
  • Texas Penal Code § 42.03: Obstructing a Highway or Other Passageway
  • Texas Penal Code § 46.05: Possession, Manufacture, Repair or Sale of Switchblade Knife or Brass Knuckles
  • Texas Penal Code § 21.07: Public Lewdness
  • Texas Penal Code § 42.02: Riot
  • Texas Penal Code § 42.061: Silent or Abusive 911 Calls
  • Texas Penal Code § 22.07: Terroristic Threat
  • Texas Penal Code § 46.035: Unlawful Carrying of Gun by License Holder
  • Texas Penal Code § 46.02: Unlawful Carrying Weapons
  • Texas Penal Code § 46.04: Unlawful Possession of Firearm
  • Texas Penal Code § 22.02: Unlawful Restraint
  • Texas Penal Code § 46.06: Unlawful Transfer of Certain Weapons
  • Texas Penal Code § 25.071: Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
 

Some crimes are never eligible for non-disclosure. These include:

  • Texas Penal Code § 21.11: Indecency with a Child
  • Texas Penal Code § 22.011: Sexual Assault
  • Texas Penal Code § 22.021: Aggravated Sexual Assault
  • Texas Penal Code § 25.02: Incest
  • Texas Penal Code § 20.04: Aggravated Kidnapping
  • Burglary with Intent to Commit Any Above Offenses
  • Texas Penal Code § 43.03: Compelling Prostitution
  • Texas Penal Code § 43.25: Sexual Performance by a Child
  • Texas Penal Code § 43.26: Possession or Promotion of Child Pornography
  • Unlawful Restraint, Kidnapping, or Restraint of a Child Less than 17 Years Old
  • Attempt, Conspiracy or Solicitation to Commit Any of the Above Offenses
  • Texas Penal Code § 19.03: Capital Murder
  • Texas Penal Code § 19.02: Murder
  • Texas Penal Code § 22.04: Injury to a Child, Elderly or Disabled Individual
  • Texas Penal Code § 22.041: Abandoning or Endangering a Child
  • Texas Penal Code § 25.07: Violation of Protective Order or Magistrate’s Order
  • Texas Penal Code § 42.072: Stalking
  • Any Offense Involving Family Violence
 

Weatherford Record Sealing / Expunging Resources

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.

 

Find a Record Sealing / Expunging Lawyer in Weatherford, TX | Law Office of Richard C. McConathy

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.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

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DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
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DWI Breath Test Case, Result Of .224
(Mb0453171)
 
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DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
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DWI, Open Container
(Mb0534487)
 
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2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
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