Sealing a Criminal Record
How do I seal deferred adjudication type probations?
The 2003 legislature enacted a law that allows people who have successfully completed a deferred adjudication probation to request that the Court enter an "Order of Non-disclosure". This is designed to seal your deferred adjudication records from public view. Many people have the misconception that if they complete a deferred adjudication type probation, then their case is dismissed, and the records no longer exist. Unfortunately, completing a deferred adjudication does not mean that the records disappear. Thus, future employers can discover prior criminal conduct by simply searching for your name at the court house or municipal court. Most criminal cases are public information. The record of the arrest, the offense report, finger prints, case disposition, etc.. are still around unless you file for an "Order of Non-disclosure".
The effect of an "Order of Non-disclosure" is far reaching. The public agencies that have the arrest and case information are ordered not to disclose the information to the general public. If you are a college student or a young professional who hopes to continue moving up, you should consider expunging your records. If you have served a deferred adjudication probation and would like to get your records sealed, e-mail or contact us online for more information.
BACK TO TOPWho knows what my record is?
Criminal records are maintained by the Department of Public Safety, as well as the Federal Bureau of Investigations. Neither of these agencies records are open to the public. However, If you have been arrested and charged with a crime, the County or District clerk's office, or the Municipal Court where you were charged has a file concerning the incident. That record is open to the public. Anyone can ask to see that file and read the contents. Recently, new internet type businesses like Publicdata.com have started to maintain private databases of Court records. Some employers use these businesses to investigate potential employees.
BACK TO TOPWhen can I apply for an "Order of Non-disclosure"?
For some misdemeanors you can apply immediately upon termination of probation. For some felonies you must wait five years from the date of completing the community supervision / probation. You should also know that there is a short list of more serious type cases that do not permit an "Order of Non-disclosure".
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Tom O'Leary is an Austin, Texas attorney who served for over 10 years as a prosecutor before beginning his private practice in 1992. He has represented hundreds of individuals in a variety of criminal matters.
If you have any questions, please contact us online or call us at 512.441.9941.