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.

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 were 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 offense 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 was 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
Capital murder
Injury to a child, elderly or disabled person
Child abandonment or endangerment
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.

Record Sealing : Expunging3

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.

Contact a Record Sealing / Expunging Lawyer in Parker County Today

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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DWI Defense

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First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

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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

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SR-22 / DWI Insurance

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