A Criminal Defense Attorney Can Help to Seal Your Record

If you want to seal your record, a criminal defense attorney can help.  Many people are convicted of minor crimes, perhaps in their youth, and are worried about those charges and their history negatively impacting their future. This is understandable as having a criminal record can negatively impact your job prospects and reputation.  If you want to leave your past in the past, we can help.Sealing criminal records is not an easy tasks and requires the assistance of a knowledgeable Texas lawyer. There are two ways to go about it – expunction and non-disclosure.  They are structured to apply to different circumstances, so it is important to meet with your lawyer and discuss which option is right for your particular situation.ExpunctionIf you were charged with a felony or misdemeanor talk to your criminal defense attorney about an expunction.  In order to qualify you will need to prove that you were charged with a crime, but the charges were dropped, you were acquitted of the crime in court, or that you were found guilty and the charges were later overturned.  This is the rightful process for someone that was wrongfully charged or convicted.  Even if you win your trial that doesn’t automatically mean the charges are dropped from your record.  Your attorney needs to formerly request that the charges be expunged from your record.Non-DisclosureThere are several types of non-disclosure.  They are based on the type of crime a person was charged with.People convicted of felonies can qualify for non-disclosure only after they complete their deferred adjudication period or community supervision.  Once this is done a criminal defense attorney can petition the court for an Order of Non-Disclosure.Someone convicted of a misdemeanor can petition for an Order of Non-Disclosure immediately after completing their deferred adjudication unless the misdemeanor was for aiding a suicide, bigamy, deadly conduct, flag destruction, advertising for the placement of a child, abusing a corpse, animal cruelty, dog fighting, disrupting a meeting/procession, harassment, harboring a runaway child, indecent exposure, leaving a child in a vehicle, obstructing highway or other passageway, pubic lewdness, and a variety of other convictions.  Speak with a criminal defense attorney for a full list.  These misdemeanors require a two year waiting period before someone can petition the court for an Order of Non-Disclosure.  Additionally, there are some crimes that do not qualify for an Order of Non-Disclosure.A criminal defense attorney will be able to tell you if you are eligible for obtaining such an order.  If so, the attorney will file a motion with the court that originally handled the criminal case.  A copy of the motion must also be served to the probation officer, prosecuting attorney, and anyone else involved in the case.  A date will be set for a hearing and the judge will listen to the arguments then decide if they are willing to grant the Expunction or Non-Disclosure Order.  If granted, the public will not be able to access the criminal records. It is important to note that in either case law enforcement and other government agencies will continue to have unfettered access to your records. To learn more call our office and schedule a consultation today.