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Expunctions & Nondisclosures in Texas

Defense Lawyers Serving:

In Texas, those with certain criminal records may have the opportunity to clear their name and start anew through the legal processes of expunctions and nondisclosures. Our expunction attorneys understand the profound impact a criminal record can have on your life, from limiting employment opportunities to affecting personal relationships. Our dedicated team of attorneys is committed to helping you navigate the complexities of expunctions and nondisclosures, ensuring that you can move forward with confidence, knowing your past doesn’t have to define your future.Ā 

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Clearing Your Criminal Record in Texas

An Expunction Lawyer can help you determine your path to a fresh start.

Expunctions

Permanently remove qualifying criminal records, giving you a fresh start.

Nondisclosure

Seal your criminal record from public view, protecting your reputation and opportunities.

Early Release from Probation

End your probation early, regaining freedom and control over your life sooner.

Am I eligible to move forward with my life after a crime?

If you have a criminal record, itā€™s natural to wonder if you can truly leave it behind and embrace new opportunities. Whether you’re seeking to erase, seal, or shorten the impact of your past, Texas law offers several legal avenues to help you move forward. Expunctions, nondisclosures, and early release from probation are designed to give deserving individuals a fresh start, but eligibility depends on specific criteria related to your case. Understanding these options is the first step toward reclaiming your future, and our team at The Carlson Law Firm is here to guide you through the process.

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Expunctions

Erase Your Record, Reclaim Your Future
Having a criminal record can limit your opportunities in many areas of life, even if you weren’t convicted. Expunction offers an opportunity to completely erase qualifying records from your history, allowing you to start fresh. Here’s what you need to know:

  • Eligibility:
    • Individuals arrested but not convicted of a crime.
    • Those whose charges were dismissed or not prosecuted.
    • Those who successfully completed deferred adjudication for certain Class C misdemeanors.
    • Individuals acquitted by trial or pardoned after a wrongful conviction.

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Nondisclosure

Seal Your Record, Protect Your Privacy
For those who have completed deferred adjudication or served their sentence, a nondisclosure order can help protect your future by sealing your criminal record from public access. This legal option allows you to move forward with more confidence and privacy. Here are the key points:

  • Eligibility:
    • Individuals who completed deferred adjudication successfully (without a final conviction).
    • Those convicted of certain misdemeanors and some non-violent felonies.
    • Those who have waited the mandatory period after completing their sentence, depending on the offense.
    • Not eligible if the offense involved family violence, certain violent crimes, or if you have prior convictions.

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Early Release from Probation

Move On Sooner, With Your Life Back on Track
While probation offers a way to avoid incarceration, it can still impose significant constraints on your life. If youā€™ve met all the conditions and shown good behavior, you might be eligible for early release from probation, allowing you to regain your freedom sooner. Hereā€™s how it works:

  • Eligibility:
    • Individuals who have completed all required probation conditions, such as community service, fines, or counseling.
    • Those who have demonstrated good behavior and rehabilitation during the probation period.
    • Requires approval from the court, which considers factors like the nature of the offense and compliance with probation terms.

How can an Expunction lawyer help?

Navigating the process of clearing or sealing your record can be complex, with strict legal requirements and procedures that must be followed to successfully clear your record. An expunction lawyer brings expertise in understanding the nuances of Texas law, ensuring that your petition is filed correctly and that all necessary documentation is in order. They can assess your eligibility, advise you on the best course of action, and represent you in court if needed. By working with an experienced expunction lawyer, you increase your chances of successfully erasing your criminal record, allowing you to confidently move forward without the weight of your past holding you back.

An Expunction Lawyer will protect your rights and best interests in the following ways:

The first step is to determine if you are eligible for an expunction under Texas law. This involves reviewing your criminal record to see if it meets the criteria, such as arrests without convictions, dismissed charges, or certain qualifying misdemeanors.

Itā€™s highly recommended to consult with an experienced expunction lawyer who can guide you through the process, confirm your eligibility, and advise you on the best approach.

Collect all relevant documents related to your criminal record, including arrest records, court documents, and any paperwork showing the final disposition of your case (e.g., dismissal, acquittal).

Your attorney will draft and file a Petition for Expunction with the appropriate court. This petition must include all necessary information about your case and why it qualifies for expunction under the law.

After filing, notice of the petition must be served to all relevant law enforcement agencies, courts, and government entities that hold records of your arrest. These agencies have the opportunity to contest the expunction.

If required, you may need to attend a court hearing where the judge will review your petition. Your attorney will represent you, arguing why your record should be expunged. If no objections are raised, the judge may approve the expunction.

If the judge grants the expunction, an order will be issued requiring all relevant agencies to destroy or return the records related to your case. This effectively erases your criminal record from public view.

After the order is processed, follow up to ensure that all agencies have complied with the expunction order. Your attorney can assist in confirming that your records have been properly removed.

What is criminal law?

Leading Criminal Defense

When facing drug crime charges, a strong defense is essential to protect your rights and future. Drug crime defense strategies can vary based on the specifics of your case, but the goal remains the same: to minimize or eliminate the charges against you. A skilled attorney will thoroughly investigate the circumstances of your arrest, scrutinizing every detail to identify potential weaknesses in the prosecution’s case.

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Key Drug Crime Defense Tactics

  • Fourth Amendment Violations
  • Questioning the Evidence
  • Proving Lack of Knowledge or Possession
  • Highlighting Procedural Errors:Ā 

Record of Successful Favorable DWI Outcomes

A Carlson Law Firm drug crime attorney works for you. We will fight for the best possible resolution for your charges. Call us now for a free consultation.Ā 

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How long does expunction take in texas?

The process of obtaining an expunction in Texas typically takes several months from start to finish. On average, you can expect the process to take anywhere from 4 to 6 months, depending on the complexity of your case, the court’s schedule, and how quickly the necessary paperwork is processed. This timeline includes the time it takes to determine eligibility, file the petition, serve notice to relevant agencies, attend any required hearings, and obtain the court order for expunction. However, the actual duration can vary, so it’s important to consult with an attorney to get a more specific estimate based on your individual situation.

FAQs: Clearing a Criminal history in Texas

In Texas, the main options for clearing your criminal history are through expunction and nondisclosure. Expunction completely erases your record, while nondisclosure seals it from public view, limiting who can access it.

Yes. An expunction wipes away your record so that no record of your criminal past exist. You do no have to disclose your history to anyone or any agency.Ā 

With a nondisclosure, you can deny the record to the public, but certain government agencies may still have access.

Felony assault convictions are generally not eligible for expungement in Texas. However, under certain circumstances, a conviction may be sealed through an order of non-disclosure, but this depends on the specifics of the case and the offense.

In Texas, most convictions cannot be expunged. However, there are a few exceptions:

  • Pardoned Convictions: If you were convicted of a crime but later received a pardon, you may be eligible to have the conviction expunged.
  • Certain Juvenile Offenses: Some juvenile convictions can be expunged under specific circumstances.
  • Class C Misdemeanors with Deferred Adjudication: If you received deferred adjudication for a Class C misdemeanor and successfully completed the terms, you may be eligible for expunction.

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For most other convictions, expunction is not an option. However, a nondisclosure order might be available for some convictions, which would seal the record from public view, but it would not completely erase it.

While you are not required to have an attorney, it is highly recommended. Clearing a criminal record involves complex legal procedures, and an experienced attorney can help ensure the process is completed correctly and efficiently.

If your petition for expunction or nondisclosure is denied, you may appeal the decision or reapply if circumstances change. An attorney can help you understand your options and advise on the best steps forward.

Yes, if your criminal record has been expunged in Texas, you can legally purchase a firearm. Expunction effectively erases the record of the arrest or charge, allowing you to answer “no” to questions about criminal history on firearms purchase applications. Since the expunged offense is treated as if it never occurred, it should not affect your eligibility to buy a gun. However, itā€™s important to ensure that the expunction process is fully completed and that all agencies have removed the record from their databases before attempting to purchase a firearm.

Background Checks in Texas

In Texas, background checks are a common part of many processes, from job applications and housing rentals to firearm purchases and volunteer work. These checks typically involve a review of your criminal history, credit report, employment history, and other personal records. Employers, landlords, and licensing agencies often use background checks to assess an individual’s reliability, trustworthiness, and suitability for a given position or responsibility.

Criminal History

A key component of most background checks is the criminal history report, which includes any arrests, charges, convictions, and sometimes even non-convictions. This can impact your ability to secure employment, housing, and certain licenses. However, if you have successfully obtained an expunction or nondisclosure order, those records should not appear on most background checks. Expunctions remove the record entirely, while nondisclosures seal the record from public view, protecting your privacy.

Employment Background Checks

In Texas, employers are allowed to conduct background checks to screen potential employees. They typically look for any criminal history that might indicate a risk in hiring the candidate. If your record has been expunged, you can legally state that you have no criminal history. With a nondisclosure, while your record is sealed, some employers in certain fields (e.g., government, law enforcement) might still have access to it.

Housing Background Checks

Landlords often use background checks to screen potential tenants. They may review criminal history, credit reports, and rental history to determine whether a tenant is a good fit. If your record has been expunged, it will not appear on these checks, making it easier to secure housing.

Firearm Purchases

When purchasing a firearm in Texas, a background check is typically conducted to ensure the buyer is legally eligible to own a gun. If your criminal record has been expunged, it should not appear on this check, allowing you to proceed with the purchase.

Credit and Financial History

In addition to criminal records, background checks may include a review of your credit history. This can be especially important when applying for jobs in finance, rental agreements, or loans. Expunctions and nondisclosures do not affect your credit history, but maintaining a clean record in all areas is crucial for passing background checks.

Understanding how background checks work and how your criminal record can impact them is essential. If you’re concerned about what might appear on a background check, seeking an expunction or nondisclosure might help mitigate any negative effects and provide you with a clean slate.

Contact a Central Texas Expunction Lawyer At The Carlson Law Firm Today

If you are looking into a fresh start in Bell, Coryell, or Lampasas County and need a legal team, call an Expunction Lawyer at The Carlson Law Firm. The best legal representation comes from lawyers who care about you and care about your situation. Our attorneys and legal assistants will treat you with the respect you deserve and give your case the attention you deserve.

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Your Expunction Attorney: Kyra Leal

Depending on the circumstances of your arrest, you may be facing either a misdemeanor or felony charge. Criminal charges can significantly impact your life, potentially requiring you to seek help from a military, family law or injury lawyer. Hiring a Carlson Law Firm Criminal Defense Lawyer means that you get a team of attorneys experienced in securing your rightsā€”no matter what.

Attorney Kyra Leal is part of a team with all your bases covered.

Bell County Court Resources

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Coryell County Court Resources

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There's a CARLSON LAW FIRM Near You

With over a dozen locations throughout Texas, thereā€™s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

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