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.