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Clearing Criminal Records

Expunction and Nondisclosure
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Expunctions and NonDisclosures

Have your criminal history removed by court order:

You may be eligible for a court-ordered expunction to clear your criminal record if:

  1. You were arrested but never prosecuted and the statute of limitations has run;
  2. You were arrested, prosecuted, and acquitted;
  3. You were arrested, prosecuted and the case was dismissed for other reasons; and
  4. You were arrested, prosecuted and then convicted of a lesser charge.

How to expunge your record:

Texas law allows a person to file a petition with the court in the county in which the criminal action was filed. This petitioner requests an order that all records from all related law-enforcement agencies or court entities remove all information from your record related to the arrest or charge in question. This request requires at least 30 days notice to the prosecuting attorney and other related entities before a hearing on the matter. At the hearing, if there is no objection from law enforcement, and if the court finds you meet all of the requirements to be eligible for expunction, the order will be issued accordingly.

Hazel Brown Law Firm, PLLC are experienced professionals and can help you clear that negative history efficiently and effectively.

You may be eligible to have your criminal record sealed:

This is done through an Order of Nondisclosure. You may be eligible to obtain an Order of Nondisclosure if you have successfully completed a term of deferred adjudication probation for an offense. The process for obtaining an Order of Nondisclosure is very similar to that of an expunction.

Let our experienced attorneys get rid of that mistake in your past for good.

Contact us for more information or to set up a consultation at (830) 629-6955 or via email through our home page. We will return your call or email within one business day.

Articles Section:

In the past, getting a DWI not only meant facing legal punishment, but having a DWI on your record followed those seeking gainful employment like a sticky dark cloud. Therefore, barring some sort of reduced charges and an offer of deferred adjudication, going to trial was almost guaranteed because the worst that could happen is one would end up with a DWI conviction on their record anyway. However, when H.B. 3016, signed by Governor Greg Abbott, went into effect in September of 2017, it marked a significant shift in hope for those facing their first DWI charge.

So, what is H.B. 3016? First, it is more commonly known as the “second chance” bill. Good people make mistakes, and no one is perfect. This bill will apply to those that learned from their mistakes. More specifically, this bill applies to a person that has been convicted of a first-time DWI with a BAC of less than .15 (nearly double the legal limit) are able to ask the court for a non-disclosure or sealing of the criminal record. Additionally, the “second chance” bill has a retroactive reach, meaning that it applies to offense both in the past and the future. This is big news for anyone with a first-time DWI, other certain misdemeanors, certain nonviolent offenses, or other low-level offenses. This would seal your criminal history off from nearly any potential employer.

In order for someone to be successful in their petition, they would need to meet the following criteria: (1) The petitioner must not have been convicted or placed on deferred adjudication for another offense besides fine only traffic tickets; (2) Complete all requirements of the court; (3) have anything related to the matter paid for (court costs, fines, and restitution) and; (4) the waiting period has passed.

It is important to note that this “second chance” does not apply to second or third time offenders. It also doesn’t apply to first time offenders who injured others while being intoxicated. What this bill does do, however, is enables low-level nonviolent offenders and those who have received their first DWI to obtain employment and become a functioning, productive member of society.

If you think you may qualify for sealing your DWI history, contact us for a consultation. (830) 629-6955.

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