Seal Your Criminal Record in Dallas, TX

Seal Your Criminal Record in Dallas, TX

Posted On - March 22nd, 2011 | By Tim Clancy | Category - Criminal Defense

Texas Record Sealing & Non-Disclosure Lawyer in Dallas, TX

If you are thinking about sealing old criminal charges from your record in the Dallas, Texas area, you need an attorney experienced with petitioning the Court for non-disclosure of your record on background checks. The method to seal your criminal record in Texas is called “file a motion for non-disclosure.”

Filing a nondisclosure

Filing a nondisclosure allows a person, under the right circumstances, to keep specific parts of your history from being reported on a criminal background check. Unlike a record expunction that erases charges from your record, sealing your record via non-disclosure means that only specific entities like employers and romantic interests will not be able to see the arrest or criminal charges that were filed against you in the past.

To qualify for a non-disclosure, many variables must be accounted for, which are listed out below. However, one thing is certain – you will want to retain the services of an experienced criminal record sealing lawyer in Dallas, TX.

Contact Tim Clancy today for a free review of your case to see if you qualify. He has decades of experience in the local court systems, and he knows how to increase the probability of having your filing accepted.

More importantly, he knows how to review all the facts surrounding your situation in order to frame the petition in a favorable manner.

What is a Non-Disclosure Petition?

Texas allows for certain things to be kept private from criminal background checks performed by potential or current employers, lenders, rental agencies, or other organizations. To do this, you must file a petition for non-disclosure. A petition for non-disclosure, if successful, will make it impossible for many of these organizations to gain access to information about a criminal case.A criminal case can potentially follow you for the rest of his or your life. A criminal record can hinder your future and make it hard for you to move past it.

The process of petitioning for and obtaining an order of non-disclosure in Texas is complex. Also, some crimes are not eligible for non-disclosure, and, for some charges, you must wait between two and five years before non – disclosure can be sought. Texas recently made DWI charges eligible for non-disclosure, so if you wanted to seal a DWI from your record before and couldn’t contact our law firm to get started on it now.

Recap:

  • A Petition for Non-Disclosure is a legal process that seals your criminal record from public view.
  • Law enforcement and certain government agencies can still access it, but the general public (like employers, landlords, etc.) cannot.

Qualifications for Non-Disclosure in Texas

  • Disqualifications – Not all offenses are eligible, such as: Violent crimes, manslaughter, Murder, kidnapping, protective orders violations, family violence, sex offenses, family violence, and certain other charges cannot be sealed.
  • You cannot have been convicted – Non-disclosure is for those who completed deferred adjudication or other programs like probation, and without a conviction.
  • You completed all conditions – This includes probation, classes, community service, restitution, etc.
  • The required waiting period has passed:
  • Immediately eligible for most misdemeanors.
  • 2 years for certain misdemeanors like assault or DWI (first-time offense).
  • 5 years for felonies.
  • No new offenses – You cannot have been convicted of another offense during the waiting period.
  • The judge must believe it’s in the best interest of justice – The process is not all paperwork, the judge and court have the final say.

Step-by-Step Process of a Non-Disclosure Petition

When we are asked “can i do it by myself”, we like to explain the process and how we represent you throughout.

  • Confirming Eligibility – We will review your record to confirm you qualify.
  • Gathering Court Records – You’ll need case numbers, court dates, and final outcomes from your original case.
  • Prepare the Petition – Your attorney will have to draft and file a Petition for Non-Disclosure with the court that handled your case. Including detailed information about your case and your eligibility.
  • File with the Court – Pay the required filing fee (typically $250–$350) or request a fee waiver if eligible.
  • Notify the Prosecutor – The District Attorney must be served a copy of your petition and given time to respond or object.
  • Attend a Hearing (If Required) – Some courts may set a hearing to review your case. This part is important because your lawyer might be asked to show why granting the petition is fair and just.
  • Judge Makes a Decision – The judge will approve or deny the petition. If approved, the order is signed and sent to DPS (Department of Public Safety).
  • Records Are Sealed – DPS notifies other agencies to seal your record. It may take a few weeks to be fully processed across databases.

Why File for Non-Disclosure?

  • Improve job opportunities
  • Pass background checks
  • Restore reputation
  • Rent housing more easily

Completing Deferred Adjudication

  • What is deferred adjudication? A judge may place a defendant on probation and defer any finding of guilt until the defendant completes the conditions of the probation. If the defendant successfully completes the terms of the probation, the court will not enter a finding of guilt (conviction).
  • Have you completed deferred adjudication probation? If so, Tim Clancy can petition the court for nondisclosure (sealing) of your criminal record from the public. For some misdemeanors, a defendant may make a request for nondisclosure upon completion of deferred adjudication probation.
    • The time period depends on the misdemeanor offense.
    • For felonies, a defendant must wait a minimum of 5 years from the date the deferred adjudication probation was completed.

Contact Tim Clancy To Have Your Criminal Record Sealed in Dallas, TX

If you are considering filing a petition for non-disclosure, there are many factors to consider. But throughout the complex process, the knowledge, skill and experience of the attorneys at Clancy & Clancy Attorneys at Law will be there to guide and advise you and to help you navigate the procedural maze ahead. We will answer your questions and provide clear, objective legal advice. Email or call our firm at (214) 550-5771 to schedule a consultation.