Record Expunction: Put Your Criminal Past Behind You
Did you know it is possible to have old criminal records erased? An old criminal arrest or charge for things such as shoplifting, drugs or assault can cause trouble for you when it shows up on a background check.
The Knapp Law Office can help you pursue expunction or non-disclosure to conceal records of a past criminal matter so that it does not hamper your future.
Find out if your situation qualifies. Call our Denton law office at 940-294-3015. Free initial consultation.
What Is Expunction (Expungement)?
Expunction, sometimes called expungement, is a legal process to erase the records of a criminal matter. If you meet the criteria, we can petition the court in the county where you were arrested to have your old records hidden from everyone but law enforcement. Once your case is expunged, you do not have to disclose it to potential employers and it will not show up on background checks.
In Texas, generally, you cannot expunge records if you pleaded guilty or “no contest” or were found guilty at trial. But you might be eligible to have your records expunged if:
- You were arrested but no charges were filed
- Your charges were dismissed
- You were acquitted (found not guilty)
- It was a juvenile crime or truancy offense
- You successfully completed a deferred adjudication (such as drug court) or deferred prosecution agreement
Expunction is never automatic. Some categories of crimes are not eligible, and the process is case-specific, such as the nature of the offense, how long ago and whether you have other criminal convictions.
Conceal Your Record Through A Non-Disclosure Order
If your offense is not eligible for expunction, an Order of Non-Disclosure is the next best thing. Non-Disclosure does not erase criminal records, but it removes them from public searches. Those records will not be visible to employers, lenders, private investigators, reporters or other parties conducting a criminal background check. But those records will still be accessible to law enforcement and the courts, and if you were convicted, they will still count as a prior offense.
The rules are similar to expunction, with a few exceptions. There is a statutory waiting period to apply for non-disclosure, and you must have a clean record during that span. Judges have more latitude to grant non-disclosure than they do to grant full-scale expungement.
These Are Technical Cases. Let A Lawyer Handle It.
Kyle Knapp has practiced in criminal law for 15 years. He has also served as a municipal court Judge. He can gauge when expungement or non-disclosure is worth pursuing. He will make sure that all the paperwork is detailed correctly and deadlines are met to give you the best chance for success.