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Record Sealing
Life after dealing with criminal charges can be exceptionally challenging. Individuals often face difficulties in securing employment, finding housing, and maintaining personal relationships due to a tainted criminal record. Fortunately, the state of Texas provides a way for offenders to seal their criminal charges permanently. The only method to completely seal your criminal record is to qualify and file a petition for nondisclosure.
Once a nondisclosure petition is successfully filed, only specific entities will have access to your past criminal record. Courts and law enforcement will be prohibited from disclosing any criminal history. Employers and landlords, through a simple background check, will no longer be able to retrieve information about your charges or arrest. Only a select few licensing agencies and public entities will retain access to your criminal history.
If you are considering filing a petition for nondisclosure, having an experienced criminal defense attorney is crucial.
Criminal Record Sealing Attorney in Houston, Texas
Sealing your criminal charges can significantly improve your life. Once the nondisclosure petition is filed, you are no longer required to answer “yes” when asked about past criminal involvement. You can legally answer “no,” and very few public entities will have access to your criminal history, allowing you to move on from your prior arrest.
For legal representation, contact Calderon Legal Group. William Calderon has extensive experience in handling both expunction and nondisclosure cases. He understands the procedures surrounding nondisclosure and can guide you through the process.
How Do I Qualify for an Order of Nondisclosure in Texas?
To seal your record, you must qualify to file a petition for nondisclosure. Unfortunately, not everyone is eligible. Under the Texas Code of Criminal Procedure, you are eligible if you:
- Were put on deferred adjudication due to criminal charges.
- Successfully completed deferred adjudication.
- The waiting period to seek an order of nondisclosure has ended.
- Have not been convicted of any crimes during the time between deferred adjudication and filing for an order of nondisclosure.
Wait times to file an order of nondisclosure vary based on the type of crime:
- 5 years for a felony offense.
- 2 years for certain offenses like assault, kidnapping, domestic violence, and others.
- No wait time for a misdemeanor offense.
Who Can’t Seal Their Criminal Record in Texas?
Certain serious offenses disqualify individuals from sealing their record, including:
- Sexual performance by a child.
- Indecency with a child.
- Aggravated kidnapping with intent to commit sexual abuse
- Violating a protective order.
- Abandoning or endangering a child.
- Stalking.
- Injury to a child or elderly person.
- Any domestic violence offense.
- Any offense requiring registration as an ex-offender.
How Do I file for an Order of Nondisclosure in Texas?
To file an order of nondisclosure:
- Fill out the appropriate forms
- File the petition with the clerk who handled your initial charges.
- Pay any required filing fees.
The court will schedule a hearing, notifying the district attorney who tried you. The state must send you notice of the hearing’s date within 45 days of filing your nondisclosure request.
At the hearing, if you meet specific requirements, the judge will seal your criminal charges:
- Completed all conditions for deferred adjudication.
- Eligible to have your record sealed.
- Issuing an order of nondisclosure is in the best interest of justice.
If you or someone you know was charged but not convicted of a crime, contact an experienced defense attorney like William Calderon at Calderon Legal Group. William has helped numerous people seal or erase their criminal records completely.
