EXPUNCTION and MOTIONS FOR NON-DISCLOSURE

EXPUNCTION and MOTIONS FOR NON-DISCLOSURE

Throughout your life, you will find it necessary to submit answers about yourself to people who do not know you. When you rent an apartment, lease a car, buy a home, or apply for a new job, you will be answering questions about your past. A criminal record can cost you in many ways. A landlord may not wish to rent to you. A mortgage company might consider you unacceptible for a home loan. A prospective employer may pass on hiring you in favor of someone who shows no criminal history.

In Texas, there are two primary ways to avoid the problems mentioned above: expunction and non-disclosure.

Expunction

If you go to trial and are found not guilty by the jury, you can ask the court within 30 days of aquittal to grant an expunction of your record in that case. When granted, expunction erases all records of the arrest- including bookin information and fingerprints- as well as the court records concerning the indictment or information and the trial result.

In certain cases where a person is arrested but never charged, or charged but later dismissed, expunctions can also be granted. An original lawsuit must be filed in these cases.

Expunction under Texas law is designed to clear the records of innocent persons wrongly arrested. Thus, you cannot get an expunction if you were never arrested. And a person who pleads guilty, is found guilty, or is otherwise placed on any kind of probation, cannot seek expunction.

Non-Disclosure      

If you get deferred-adjudicated probation and successfully complete it, you may be eligible for a non-disclosure order from the court. While not as comprehensive as expunction, non-disclosure seals yoiur arrest and court records from the public's view. This effectively means landlords, employers and your girlfriend's daddy might not be able to discover your criminal  history after the court enters a non-disclosure order in your case.

Non-disclosure is available in many small drug possession cases and in certain non-violent criminal cases. Non-disclosure orders cannot be granted in sex crimes, violent crimes, DWIs, or cases where the defendant re-offends. There is a waiting period which must be observed before non-disclosure motions can be filed.

Mike Rodgers offers a free consultation to evaluate your criminal history and determine whether expunction or non-disclosure is available to you. Get your life back on track. CALL MIKE TODAY.