The Law Office of Nicholas R. Smith
Expunction
 
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If you have successfully completed deferred adjudication probation then you may be eligible to have your criminal record sealed from public view by filing a Petition for Non-Disclosure.

Were you found “Not Guilty” at a criminal trial? Did your criminal case get dismissed? If so, then you may be eligible to have your criminal record Expunged.

Expunction

Your criminal history will contain every offense for which you have been arrested or charged. Despite the fact that you were found “Not Guilty” at trial, the case was dismissed, or the charges were never filed is often overlooked by employers or anyone performing a background check.

An Expunction Order will essentially erase the offense from your record. Copies of the Order are mailed to every entity that has a record of the arrest and are ordered to destroy all records relating to the offense.

You may be eligible for an expunction if one of the following circumstances applies:

• Your case was dismissed or “no-billed” by a Grand Jury
• You were found “Not Guilty” at trial
• You were charged with a Class C Misdemeanor that resulted in deferred adjudication

Non-Disclosure

Once you have successfully completed deferred adjudication probation, the Judge signs a No Finding of Guilt Order. However, the offense will continue to show up on background checks unless obtain an Order of Non-Disclosure.

The Texas Legislature requires a waiting period for most offenses before an Order of Non-Disclosure will be granted. There is a 5 year waiting period from the date that the NFOG Order was entered for eligible felony offenses. There is a 2 year waiting period for certain misdemeanors and no waiting period for others.

*There must have been no offenses during the waiting period other than Transportation Code offense that are only punishable by fines (Speeding, etc.).*

Examples of offenses where a Non-Disclosure can be filed immediately

• Misdemeanor Theft
• Possession of Marijuana
• Obscenity
• Evading arrest
• Criminal trespass

Examples of misdemeanors requiring the 2 year waiting period

• Assault
• Dog fighting
• Bigamy
• Obstruction of a Highway
• Disorderly conduct

Examples of offenses that are never eligible for Non-Disclosure

• Capital Murder
• Murder
• Stalking
• Cases involving family violence
• Offenses requiring sex offender registration

All other felonies require a 5 year waiting period

If you think that you are eligible for an expunction or a non-disclosure, please contact The Law Office of Nicholas R. Smith for a free consultation. Call 972-422-9176 or email info@NicholasSmithAttorney.com to schedule an appointment.

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