Conroe Expunction Lawyers
Petitions of Non-Disclosure in Montgomery County
Everyone deserves a chance to start fresh. The problem is that a criminal record can linger over someone, following them in their attempts to get employment, find housing, or simply rebuild their reputation in the community. Texas law offers some important tools to help people get past what’s on their record. Those tools start with expunction and petitions for non-disclosure.
JD Law’s experienced Conroe expunction lawyers serve both the English and Spanish-speaking communities. Call us at (936) 233-6548 or reach out online for the legal help you need.
How Expunctions Work?
An expunction effectively eliminates all records related to the arrest, prosecution, and disposition of the case, as if the incident never occurred.
Expunction is available in specific circumstances, primarily when charges did not result in a conviction. This includes cases where the statute of limitations may have simply run out before charges were ever filed. A defendant who was convicted but later pardoned, or who won their case on appeal is another example of someone who may be eligible for expunction.
Not all cases are eligible for expunction. Examples include violent crimes, as well as those of a sexual nature.
How Non-Disclosure Petitions Work?
If a record can’t be wiped clean with expunction, it can at least be kept private. That’s the purpose of the non-disclosure petition.
A petition for non-disclosure allows eligible individuals to seal their criminal records from public view, making them inaccessible to most employers, landlords, and the general public. This makes it possible for people to get a job, find a place to live, and restore their place in the community. It gives them the second chance our criminal justice system is supposed to provide.
Non-disclosure orders have their own limits. If a conviction requires someone to register as a sex offender, that cannot be hidden from the public. A job application with law enforcement or other related fields may still require a background check that can access the past record.
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Understanding Eligibility for Expunction and Non-Disclosure
Who is Eligible for Expunction in Texas?
In Texas, the eligibility for expunction depends on several factors related to the specific charges and the individual’s criminal history. Generally, an individual may be eligible for expunction if:
- They were acquitted of the crime.
- The charges were dismissed by the court.
- They were arrested but never formally charged with a crime.
- They completed pretrial diversion programs, such as deferred adjudication, for certain nonviolent offenses.
- They were convicted of a crime but later pardoned by the governor of Texas.
However, there are certain conditions that may disqualify someone from eligibility for expunction:
- If the individual has a conviction on their record for the same or a similar offense, they may not be eligible for expunction.
- If the individual was involved in multiple offenses and has convictions that affect their eligibility.
- If the crime involved family violence, certain violent crimes, or sex offenses, the person may not be eligible.
Who is Eligible for Non-Disclosure in Texas?
Non-disclosure is typically available for individuals who successfully completed deferred adjudication probation for certain criminal offenses. Deferred adjudication is a type of probation in which the individual pleads guilty to the charges, but the court defers entering a conviction while they complete the terms of probation. Upon successful completion of the probation period, the individual may avoid a formal conviction on their record.
Eligibility for non-disclosure generally depends on the following:
- The individual must have completed deferred adjudication successfully and been discharged from probation with no further violations.
- The crime must be eligible for non-disclosure. Certain offenses, such as sexual assault, family violence, and certain violent crimes, are not eligible for non-disclosure.
- The individual must not have been convicted of another criminal offense during or after their deferred adjudication probation.
A Conroe expunction and non-disclosure lawyer can help review the facts of a case and determine whether expunction or non-disclosure is possible based on these eligibility guidelines.
How Does the Expunction and Non-Disclosure Process Work?
The process of filing for expunction or non-disclosure involves several steps, and it is essential to understand the legal procedure in order to avoid delays or complications. Working with an experienced Conroe expunction lawyer ensures that the petition is filed correctly and that you meet all legal requirements.
- Consultation with a Conroe Expunction Lawyer: We will assess your eligibility for either expunction or non-disclosure and explain the legal process.
- Filing the Petition: Once your eligibility is determined, your attorney will file the appropriate petition with the court. The petition will include information about your case, the charges, the outcome, and any relevant legal documentation that supports your eligibility for expunction or non-disclosure.
- Court Hearing and Approval: After the petition is filed, the court will schedule a hearing to review the request. During the hearing, the judge will consider the evidence presented by your attorney, as well as any objections or concerns raised by the prosecutor or other parties. The judge will then make a ruling on whether to grant the expunction or non-disclosure.
- Issuance of the Order: If the court approves your petition, they will issue an order for expunction or non-disclosure. For an expunction, the order will instruct all relevant law enforcement agencies and government entities to remove your criminal record from public databases. For non-disclosure, the record will be sealed, making it inaccessible to the general public but still available to law enforcement and certain agencies.
Benefits of Expunction and Non-Disclosure
A cleared or sealed record can increase your chances of securing employment, as employers typically conduct background checks. With an expunction or non-disclosure, you may be able to answer "no" to questions about prior arrests or convictions.
In the case of housing issues, landlords often conduct background checks, and a criminal record can prevent you from securing housing. By clearing or sealing your record, you increase your chances of qualifying for rental housing.
Additionally, having a criminal record removed or sealed can provide emotional relief and restore your reputation. It allows you to move forward with confidence and start fresh without the shadow of past mistakes affecting your life.
Let Us Help You Start Fresh
No one should be imprisoned by their past. Our Conroe expunction attorneys will work with you to help protect your record and your reputation.
Call JD Law today at (936) 233-6548 or use our online contact form and schedule a consultation with our expunction and non-disclosure attorney.
