SECOND CHANCES: HOW TO GET RID OF YOUR TEXAS CRIMINAL RECORD

Importantly, as with an expunction, someone who has been granted a nondisclosure petition request can legally deny the existence of his or her arrest, charge, and deferred probation. Imagine how important this can be to a college student who has been arrested, who now with a nondisclosure order can freely apply for jobs after graduation without having to relate these details.

Some may worry that without destruction, these criminal records may still be accessed or criminal histories revealed by third parties. This is especially worrisome given today’s digital age. To address this concern, court orders in Texas granting nondisclosure of criminal histories will specifically include language where the judge requires that any third party purchasing criminal history information from the State of Texas must remove that information from any and all databases. Failure to do so by these third party vendors places them in violation of the Texas Court Order and subject to civil penalties.

EXPUNGEMENT VS. NONDISCLOSURE OF CRIMINAL HISTORY: THE DIFFERENCES

Texas law does not allow an individual to choose between expungement or nondisclosure. Different criminal defendants are allowed to expunge their criminal records under Texas law than those who are eligible to petition the court for nondisclosure of their criminal record.

Who is eligible for expungement of criminal records under Texas law? The following criminal defendants are eligible to have their criminal records expunged and destroyed, if the judge agrees and approves of their request:

1. Dismissed Case or Grand Jury No Bill

For those who have had a criminal case dismissed by the Office of the District Attorney or have seen the Grand Jury refuse to indict them (the matter has been “No Billed” by the Grand Jury), Texas law allows them to request that the records be expunged. This is true for misdemeanors and felonies.

For felony crimes no billed by a Texas Grand Jury, there may be a time period set in Texas statutes before the criminal defendant can request that their record be expunged. For example, the limitations period for felonies ranges anywhere between five years and ten years. Some serious felonies, such as Murder, have no time limitations period. Once time has passed, and the calendar shows that there has been expiration of the applicable limitations period, the felony case can be expunged.

 2. Exonerated Defendants

Being found “not guilty” in a Texas criminal court is important for someone’s freedom and reputation, of course. However, it is also vital to these criminal defendants that they can have their criminal records regarding the matter expunged if there has been a trial on the merits and the fact-finder (the judge or the jury) has come back with a verdict of “not guilty.” This is true in Texas for every criminal offense.

For those who cannot have their criminal histories expunged, they may be able to file a Petition for Nondisclosure of Criminal Records in Texas. Here, the key factor is having successfully completed their deferred adjudication probation prior to filing the Petition for Nondisclosure of Criminal Record. If you successfully completed deferred adjudication, you may be able to seal your records.

Not every criminal defendant is eligible for nondisclosure because they have not been dealing with the appropriate kind of probation. In Texas, there are two types of probation. Only one kind allows for nondisclosure of criminal records.

The first kind of probation in Texas is called “regular probation.” Here, a conviction is involved. The criminal defendant has been convicted of a crime in a Texas court which means that he or she has be adjudicated “guilty” of a crime as that is defined in Texas law. The judge, instead of imposing jail time on that defendant, instead suspends imposition of the jail sentence for a set period of time. This is “regular probation.”

However, pursuant to article 42.12 of the Texas Code of Criminal Procedure, that Texas criminal judge can decide to place that criminal defendant on probation for a period of time and to additionally DEFER any finding of guilt while the defendant completes the probation. If the defendant successfully completes probation, the court will dismiss the case without an adjudication or finding of “guilt.”

This is called “Deferred Adjudication” and it is a non-conviction type of probation. The court judgment or the sentencing order in a criminal case will delineate what kind of probation was ordered by the judge. If the court ordered “deferred adjudication” and this was successfully completed, then there is no criminal conviction and the case is dismissed.

CRIMES WHERE NONDISCLOSURE OR EXPUNGEMENT IS NOT ALLOWED

Some crimes and offenses in Texas have been excluded from being eligible from having criminal records sealed. If you have ever been required to register as a sex offender, that cannot be sealed by a Texas court. Anyone who has been placed on probation or convicted of a family violence offense is not eligible, as well (other than Class C Misdemeanor cases). Finally, if you have ever been placed on probation or convicted for any of the following crimes, then a Texas judge will not grant a Petition for Nondisclosure:

• Aggravated Kidnapping

• Violation of a Protective Order

• Stalking

• Murder

• Capital Murder

• Manslaughter

CAN YOU GET RID OF A FELONY ON YOUR CRIMINAL RECORD BY HAVING IT SEALED IN TEXAS?

If you were placed on Deferred Adjudication and not formally convicted of any criminal offense (other than traffic tickets) for 5 years from the date that you were discharged from the deferred adjudication of your felony, then you may be eligible to have your criminal record for that felony sealed.

CAN YOU GET RID OF A MISDEMEANOR ON YOUR RECORD IN TEXAS?

If you have a misdemeanor on your criminal record in Texas, then you may be able to get that record sealed. How? First, review the following list for your misdemeanor criminal record. If your misdemeanor case is not on this list, then you can have it sealed immediately upon completion of deferred adjudication probation. If your type of case is on this list, then (1) if your misdemeanor deferred adjudication involved you being placed on probation and (2) you have not been convicted for any type of offense (other than traffic tickets) for the 2 years following the date you were discharged from your misdemeanor deferred adjudication probation, then (3) you are eligible for having your record sealed if it has been at least two years from the date you were discharged (finished) your deferred adjudication probation.

 • Homosexual Conduct

• Assault