Seal Your Criminal Record – File a Petition for Non-Disclosure
Seal Your Criminal Record – File a Petition for Non-Disclosure
Posted On - March 22nd, 2011 | By Tim Clancy | Category - Criminal Defense
Texas Record Sealing & Non-Disclosure Attorneys
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 to file a motion for non-disclosure. Filing a nondislosure allows a person, under limited circumstances, to keep certain things from being reported on a criminal background check made by a potential employer such as previous allegations and some convictions. Unlike a record expunction that erases charges from your record, sealing your record via non-disclosure means that potential employers and romantic interests may not be able to see certain criminal charges that were filed against you in the past. To qualify for a non-disclosure, many variables must be accounted for, but one thing is certain – you must retain the services of an experienced criminal record sealing lawyer to review all the facts surrounding your situation and then frame the petition in the most favorable way for you.
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.
Deferred Adjudication & Expunging Your Record
Have you completed deferred adjudication probation? If so, Clancy & Clancy Attorneys at Law may 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.
What is deferred adjudication? A judge may place a defendant on probation and defer any finding of guilt while 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.
If you have been convicted or placed on straight probation, you are not eligible for nondisclosure of your criminal record.
The following felonies also are not eligible:
- An offense with an affirmative finding of family violence
- Violation of a protective order
- Aggravated kidnapping
- Murder
- Manslaughter
Contact Our Defense Attorneys to Seal Your Criminal Record
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.