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Expunctions and Order of Non-Disclosure
You may be able to have
your criminal records erased under
certain circumstances. The process to erase criminal records is called an expunction. Many young professionals and college students
have this done. Obviously, they do not want future or current
employers to find out about any past legal problems if possible. The
process is available for misdemeanor arrests that did not result in
convictions or court ordered probations. For example, if you were
arrested for DWI but eventually had the case dismissed, you can have
the record expunged. Or, for example, you were arrested for Public
Intoxication on 6th Street and arranged for the case to be
dismissed. You can probably have the case expunged. Some felony
arrests can be expunged but the law is more complicated as to when
any felony may be expunged.
Many people have the
misconception that if their case is dismissed, the records no longer
exist. Unfortunately, getting the case dismissed 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 move to
expunge the record. (note, in the Austin area, large companies such
as Chip Manufacturers and Computer makers, routinely search for
criminal records at the court house and use the information as a
screening tool)
The effect of an
Expunction is far reaching. The entire record, finger prints,
booking photo, arrest report, and DPS record can be erased. It is as
if the arrest never occurred. The law actually allows you to deny the event occurred! If you are a college student or a
young professional who hopes to continue moving up, you should
consider expunging your records. Call me or send me an email to find
out more information concerning this process.
NEW LAW
ALLOWS DEFERRED ADJUDICATION PROBATIONS TO BE SEALED!!
The 2003 legislature has
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. If you have served a deferred adjudication
probation and would like to get your records sealed, contact us for
more information.
- Who
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. 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 businesses like Publicdata.com have
started to maintain private databases of Court records. Some
employers use these businesses to investigate potential employees.
More information about
sealing your
records
Contact us if you are interested in having records
sealed or
erased. |
