How To Remove Criminal Record From Background Check

Clearing Your Texas Criminal Record

Most everyone, at some bespeak, has made a bad fault or has been in the incorrect place at the wrong time resulting in problem. Unfortunately for some, this tin can upshot in an arrest, charge or criminal confidence. While most convictions cannot be removed from a person's record, Texas law does allow individuals to remove or seal information most an arrest, charge or conviction from their permanent records in sure circumstances by filing an expunction or a not-disclosure.

Individuals are either eligible to have their tape removed or sealed through only 1 of these Texas statutes, but typically not both. Each of these Texas statutes have specific requirements that yous one must satisfy before elgibile to erase or seal their criminal record.

Texas Expungements

An expunction is the removal or destruction of all information related to an abort and accompanying criminal case. Furthermore, once a instance is expunged yous can deny the incident always occurred and are non required to disembalm any information related to the offense to anyone, including future employers.

The Texas Expungement Statute contained in Chapter 55 of the Texas Code of Criminal Process which specifically outlines the requirements and procedures to expunge Texas Criminal Records. Typically, eligibility for a Texas Expunction is very limited to a very narrow prepare of circumstances outlined beneath.

Eligibility Requirements for Expungements

Y'all are eligible to expunge your Texas criminal instance if you meet 1 or more of the following requirements.

You are tried and acquitted by a judge or a jury (found not guilty); or

You lot receive a pardon from the Governor; or

Yous were arrested for an offense but the case was never filed or was "no-billed" by the 1000 jury. If then, y'all must meet the following requirement before you can expunge your arrest.
- You were non arrested, charged, and somewhen convicted or placed on probation for any other crime related to the offense that was dismissed (This includes Class C Misdemeanor cases were an individual successfully completes a term of deferred adjudication); and
- The applicable waiting period has expired.
  - Waiting Menstruum to Expunge Record
    - The statute of Limitations has expired; OR
    - You lot were arrested for a Class C misdemeanor and it has been at least 180 days since
      the arrest; OR
    - Y'all were for a Grade A or B misdemeanor and it has been at least one year
      since the arrest; OR
    - You were arrested for a felony and It has been at to the lowest degree three years since the abort.

You were arrested for an law-breaking that was after dismissed. If so, you must meet the following requirement before you lot can expunge your offense.
- Yous were not arrested, charged, and eventually convicted or placed on probation for whatever other offense related to the offense that was dismissed (This includes Class C Misdemeanor cases were an individual successfully completes a term of deferred adjudication); and
- You lot were non convicted of the offense; and
- You were not placed on whatever blazon of probation for the offense or any related offense;
- The case is no longer pending; and
- You did not abscond or bound bond later you were arrested for the criminal offense; and
- The Applicable Waiting Menstruum has expired.
  - Applicable Waiting Periods.
    - Statute of Limitations for the offense has expired. This includes any tolling period while the case was awaiting in courtroom. has run
      (Run across Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. The Statute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of the alleged offense. Certain conditions may temporarily stop the Statute of Limitations.)
  - No Waiting Flow.
    - Your instance was dismissed after y'all completed an authorized pre-trial diversion plan.
    - Your case was dismissed due to fault, false information, or other similar reason indicating absenteeism of probable cause to believe you committed the law-breaking or because the indictment or information was void.
    - Your Class C misdemeanor case was dismissed later your successful completion of your term of deferred adjudicated probation.

Benefits of Texas Expungements

Expunctions were created to allow a fresh start for people who were wrongly arrested or charged with a law-breaking. An expungement is a powerful court order to police force enforcement agencies and criminal record depositories to destroy all records of an arrest and prosecution. Typically, the court orders the devastation of all jail records, police reports, prosecution reports, and courtroom files. When they cannot be destroyed, the court volition order that all of your identifying data be redacted from the records.

Later your tape is expunged, you can deny its existence. Furthermore, it is illegal for anyone to publish information related to an expunged offense. Expunging criminal records in Texas is controlled past the Code of Criminal Procedure, Title i, Chapter 55, Expunction of Criminal Records. Inquire yourself these questions to see if yous can get an expungement in Texas (or expunction in legalese) – and wipe your criminal records clean.

What if I am Not Eligible to Expunge my Offense?

Some other option is to seal your criminal tape by filing a Petition for Non-Disclosure. A Not-Disclosure seals your record by preventing or prohibiting public agencies from releasing data regarding a sealed instance to an third party not authorized by statute.

Texas Non-Disclosures

The Texas Non-Disclosure statute is contained in Texas Regime Code Section 411.081 which allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the private on probation for an order of nondisclosure. An society of nondisclosure prohibits criminal justice agencies from disclosing the sealed criminal record.

Criminal history tape information subject to an order of nondisclosure is excepted from required disclosure under the Public Data Deed. Criminal justice agencies are only permitted to release criminal history record to criminal justice agencies, authorized non-criminal justice agencies and to the individual who is the subject field of the criminal history record data.

Who is Eligible for a Texas Not-Disclosure?

Yous entered a plea of guilty or no contest; AND
The Judge deferred further proceedings confronting y'all and placed you on deferred adjudication probation (probation without a finding of guilt); AND
You have successfully completed your deferred probation; AND
You meet any applicable waiting period after completing your probation.

Offenses that are Not Eligible for a Non-Disclosure

There are some offenses that cannot be sealed by an order of nondisclosure, fifty-fifty if y'all have complete deferred probation and satisfied the applicable waiting period. These offenses include:

Indecency with a child;
Sexual assault;
Aggravated sexual assault;
Prohibited sexual carry (incest);
Aggravated kidnapping';
Burglary of a habitation with intent to commit any of the above offenses;
Compelling prostitution;
Sexual performance by a child;
Possession or promotion of child pornography;
Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of historic period;
Attempt, conspiracy, or solicitation to commit any of the above offenses;
Capital murder;
Murder;
Injury to a kid, elderly individual, or disabled individual;
Abandoning or endangering a child;
Stalking; and
Violation of protective order or magistrate'south society.

Applicative Waiting Periods to File for a Not-Disclosure

It is of import to know what waiting period applies to your detail law-breaking and when the clock starts running on the waiting menses. The waiting flow begins once yous have completed all the terms and conditions of your deferred adjudicated probation and the Judge has signed an order discharging your probation.

Waiting Period on Eligible Felony Offenses

If your case is a felony and is not excluded, our house may file a petition for nondisclosure 5 (five) years after completion of the deferred adjudication community supervision and dismissal of the instance.

Eligible Misdemeanor Offenses with No Waiting Flow

If your example is a misdemeanor under the following sections of the Penal Lawmaking, our firm may file a petition for nondisclosure immediately after completion of the deferred arbitrament community supervision and dismissal of the case.

Unlawful Criminal Instrument
Unlawful Access to Stored Communications
Illegal Divulgence of Public Communications
Unlawful Installation of Tracing Device
Criminal Mischief if loss less than $1500
Reckless Damage or Devastation
Interference w/ Railroad Property
Graffiti: If Pecuniary Loss is Less than $1500
Burglary of Coin-Operated or Coin Collection Machines
Burglary of Vehicles
Criminal Trespass
Criminal Trespass by Holder of License to Carry Concealed Handgun
Theft
Theft of Services less than $1500
Tampering with Identification Numbers
Theft of or Tampering with Multichannel Video or Information Services
Industry, Distribution, or Advertising of Multichannel Video or Data Services
Sale or Charter Multichannel Video or Information Service Device
Possession, Manufacture, Distribution of Certain Instruments used to Commit Retail Theft
Forgery
Criminal Simulation
Trademark Counterfeiting
Stealing or Receiving Stolen Check or Similar Sight Ord
False Statement to Obtain Property or Credit
Hindering Secured Creditors
Fraudulent Transfer of Motor Vehicle
Credit Carte Transaction Record Laundering
Issuance of a Bad Bank check
Deceptive Business Practices
Rigging Publicly Exhibited Contest
Illegal Recruitment of an Athlete
Misapplication of Fiduciary Holding or Holding of Financial Establishment
Securing Execution of Document by Deception
Fraudulent Destruction, Removal, or Concealment of Writing
Simulating Legal Procedure
Refusal to Execute Release of Fraudulent Lien or Claim
Deceptive Preparation and Marketing of Academic Report
Fraudulent, Substandard, or Fictitious Caste
Breach of Figurer Security
Tampering with a Direct Recording Electronic Voting Machine
Online Harassment
Unauthorized Utilise of Telecommunications Service
Theft of Telecommunications Service
Publication of Telecommunications Access Device
Insurance Fraud
Medicaid Fraud
Coercion of Public Servant or Voter
Improper influence
Acceptance of Honorarium
Gift to Public Servant by Person Subject to his Jurisdiction
Offering Gift to Public Retainer
Perjury
Fake Study to Police Officer or Police force Enforcement Employee
False Report Regarding Missing Child or Missing Person
Tampering with or Fabricating Physical Evidence
Tampering with Governmental Record
Fraudulent Filing of Financing Argument
Imitation Identification as a Peace Officer; Misrepresentation of Property
Record of Fraudulent Courtroom
Failure to ID
Resisting Abort, Search, or Transportation
Evading Arrest or Detention
Hindering Anticipation or Prosecution
Escape
Permitting or Facilitating Escape
Bail Jumping and Failure to Appear
Improper Contact with Victim
Contraband in a Correctional Facility
Barratry and Solicitation of Professional Employment
Unauthorized Practice of Law
Hindering Proceedings Past Hell-raising Conduct
Interference with Public Duties
Interference with Service Animals
Preventing Execution of Civil Procedure
Failure to Terminate or Study Aggravated Sexual Set on of Kid
Failure to Study a Felony
Use of Accident Written report Data & Other Information for Pecuniary Gain
Failure to Provide Notice and Written report of Death of Resident of Institution
Interference with Radio Frequency Licensed to a Authorities Entity
Abuse of Official Chapters
Official Oppression
Violation of Civil Rights of Person in Custody
Failure to Report Expiry of Prisoner
Misuse of Official Information
Prostitution
Promotion of Prostitution
Obscene Display or Distribution
Obscenity
Sale, Distribution, or Display of Harmful Fabric to Minor
Employment Harmful to Children
Gambling
Gambling Promotion
Keeping a Gambling Identify
Communicating Gambling Data
Possession of Gambling Device, Equipment, or Paraphernalia
Smoking Tobacco
Prohibitions Relating to Certain Cigarettes
Prohibition of the Purchase or Sale of Human Organ
Public Intoxication
Possession of Alcohol in a Motor Vehicle
Driving While Intoxicated
Assembling or Operating an Amusement Ride while Intoxicated
Violation of Court Social club Enjoining Criminal Activity.

Back to tiptop

Eligible Misdemeanor Offenses with a 2 -Waiting Period

If your case is a misdemeanor under the following chapters of the Penal Code, our firm may file a petition for nondisclosure two (2) years afterward completion of the deferred arbitrament community supervision and dismissal of the instance.

Unlawful Restraint
Homosexual Deport
Public Lewdness
Indecent Exposure
Assault just not against police officeholder, family fellow member or member of household
Deadly Conduct
Terroristic Threat
Aiding Suicide
Leaving a Child in a Vehicle
Bigamy
Enticing a Child
Harboring a Runaway Child
Violation of Protective Order Preventing Offense Caused past Bias or Prejudice
Advertising for Placement of Child
Disorderly Conduct
Riot
Obstructing of Highway or Other Passageway
Disrupting Coming together or Procession
Funeral Disruption
False Alarm or Written report
Interference with Emergency Phone Phone call
Harassment
Corruption of Corpse
Cruelty to Livestock Animals
Assail on Assistance Animals
Cruelty to Non-Livestock Animals
Dog Fighting
Destruction of Flag
Discharge of Firearm in Sure Municipalities
Use of Light amplification by stimulated emission of radiation Pointers
Illumination of Aircraft by Intense Light
Unlawfully Carrying Weapons
Unlawful Carrying of Handgun by License Holder
Unlawful Possession of a Firearm
Prohibited Weapon
Unlawful Transfer of Certain Weapons
Hoax Bombs
Making a Firearm Accessible to a Child
Firearm Smuggling

Agencies that will still have access to your sealed record.

Sure government agencies or entities will still take admission to the data beingness "sealed" under the lodge of nondisclosure. These entities include the following:

The State Board for Educator Certification;
A school commune, charter school, private schoolhouse, regional education service center, commercial transportation company, or pedagogy shared service arrangement;
The Texas Medical Board;
The Texas School for the Blind and Visually Impaired;
The Board of Law Examiners;
The State Bar of Texas;
A district court regarding a petition for proper noun change under Subchapter B, Chapter 45, Family Code;
The Texas School for the Deafened;
The Department of Family unit and Protective Services;
The Texas Youth Commission;
The Department of Assistive and Rehabilitative Services;
The Department of Country Health Services, a local mental health service, a local mental retardation authority, or a customs center providing services to persons with mental illness or retardation;
The Texas Private Security Board;
A municipal or volunteer fire department;
The Texas Lath of Nursing;
A condom house providing shelter to children in harmful situations;
A public or nonprofit hospital or infirmary district;
The Texas Juvenile Probation Commission;
The securities commissioner, the cyberbanking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit matrimony commissioner;
The Texas Land Board of Public Accountancy;
The Texas Department of Licensing and Regulation;
The Health and Human Services Committee;
The Section of Aging and Inability Services;
The Texas Educational activity Agency;
The Guardianship Certification Board;
A county clerk's role in relation to a proceeding for the appointment of a guardian nether Chapter XIII, Texas Probate Code;
The Department of Information Resources, but merely regarding an employee, bidder for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to the Department of Data Resources;
The Department of Data Resource;
A contractor or subcontractor of the Department of Information Resources;
The Court Reporters Certification Board;
The Texas Department of Insurance; and
The Teacher Retirement System of Texas.

However, even though they have admission to your criminal offense information, these government agencies or entities will no longer will able to legally release the data contained in your order of nondisclosure to members of the general public or to non-exempted employers who are trying to perform a groundwork check on you.

Nondisclosure is non an automated or simple process. Yous have to meet all the qualifications, present a Petition for Non-Disclosure to the Courtroom, and a approximate notwithstanding has to approve the not-disclosure. The decision to grant the asking is discretionary with the judge—meaning the Judge may not support your petition if it is non "in the all-time involvement of justice". The law in this area is complicated, then information technology is best to hire an attorney who has experience in this surface area to represent y'all to ensure your petition is granted.

So Why Bother with an Expunction or Non-Disclosure?

The advantages of an Expunction or an Order of Non-disclosure are numerous. Employment and other types of applications often inquire if yous accept always been arrested for a criminal law-breaking. In nigh cases, a person who has had an abort expunged or has acquired an Order of Non-disclosure can answer, "No". Notation, all the same, that many law enforcement, security and armed services agencies wait applicants to disembalm even expunged arrests; failure to do so may result in termination. Such is also the case for people applying for a license from such entities as the Land Bar of Texas or the Country Lath of Medical Examiners, wherein an applicant can be denied licensing.

How Long Does It Have to Obtain an Expunction or Non-Disclosure?

Expunction – Once an Expunction request is filed, it takes approximately six to eight weeks for the court to dominion on information technology. If the asking is granted, the court orders all city, state and federal agencies to destroy the arrest records. This ordinarily takes about 4 months, simply has been known to take upwards to one yr. You should bank check on the status with the DPS headquarters located in Austin if you lot accept any concerns.

Order of Non-disclosure – Once the Order is granted, the clerk of the court must transport a certified letter to DPS indicating the beingness of the Society. The DPS then must send letters to any other agency that might have records of the abort. No timetable is provided in the statute indicating how long DPS has to complete this job.

Our team of experienced Texas Expungement and Non-Disclosure Attorneys accept more than thirty years combined experience – we know the system. Let united states of america put our cognition and feel to work for you. At Hopping Law Group, PC, our attorneys can help y'all clear your Texas criminal record. We handle cases throughout the land of Texas. If you lot have any questions concerning whether you are eligible to have your Texas criminal tape sealed, you lot gratis free to contact usa or call us cost-free at (855) 773-4669 and speak with one of our Texas Non-Disclosure Attorneys for a Costless eligibility consultation.

John Hopping, Esq.