Record Sealing in San Antonio with Orders of Nondisclosure
Texas residents who have a criminal record and are ineligible to have their record expunged may be eligible to have their record sealed. While sealing a record will not prevent law enforcement, state agencies, or licensing divisions of the state from obtaining information about your arrest, your record will not be available in typical background checks ordered by employers and landlords.
Requirements for Nondisclosure in Texas
If you have been charged with a misdemeanor and were given probation, the process is straightforward. Once you have completed the probationary period, providing you have not been convicted of another charge, or been placed on probation for another charge, you may file an Order of Nondisclosure immediately. It is important to note that if you receive a traffic ticket during the time you are on probation, or immediately after, it will not prevent you from having your record sealed.
Those who have received deferred adjudication for charges such as assault, disorderly conduct, and other Class A or Class B misdemeanors must complete the deferred adjudication and wait for an additional two years. During the two-year waiting
Those who were facing a felony charge in Texas are required to wait at least five years from the completion of deferred adjudication. There are some crimes, including child abandonment, family violence, or harassment (among others) which would make you ineligible for nondisclosure or expungement.
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1. Binyamin Applebaum. Out of Trouble, but Criminal Records Keep Men Out of Work, NYTimes.com, February 28, 2015.
Difference Between Expungement and Sealing
Those who can have their record expunged in Texas will have no criminal record to refer back to. This is because all records must be destroyed by all agencies which
Sealing a record still allows some access. For example, law enforcement state regulatory agencies including licensing bureaus, county and municipal hiring firms and schools and hospitals may also be able to access your record if requested. The biggest difference is if you are asked about an offense under oath, you cannot deny that you have a record.
Whether you are considering requesting your record be expunged, or need to have a record sealed, it is a good idea to work with an attorney. The processes for both are complicated, and there are certain forms which must be completed and submitted. If you are considering having your record expunged, or requesting an order of nondisclosure, contact our office for help. I have taken the time to understand both of these processes and can help ensure the process is followed carefully which could increase your chances of success.