If you were ever arrested for a crime a simple background check will reveal this information. Background checks are common and frequently occur when you apply for a job, loan, mortgage, financial aid, and even when you try to lease an apartment. Many colleges and graduate schools require that you disclose your criminal history.
Texas law allows you to clear your criminal record in certain circumstances through a process called “expungement” or “expunction.” For example, if you were found not guilty by a judge or jury, or if the charges against you were dismissed you may qualify for an expungement. If you do not qualify for an expungement you may still qualify to seal your record through a process called a petition for nondisclosure. If you pled guilty to a crime and you were placed on deferred adjudication for a felony or a misdemeanor, in most cases your record can be sealed if you completed your community supervision. Additionally, the law has recently changed to allow people with a misdemeanor conviction or straight probation for certain misdemeanors, including a conviction or straight probation for driving while intoxicated, to petition for nondisclosure. Your record will not automatically go away upon successful completion of deferred adjudication or after a certain amount of time has passed. A nondisclosure order is required in order to seal your record.
If you are granted an expunction or a nondisclosure you can generally deny that you were ever arrested or prosecuted (except in certain criminal proceedings). After an expunction order or order of nondisclosure is granted you may deny that you were arrested or prosecuted on an employment, college, mortgage, or financial aid application. If you are not eligible for an expunction or nondisclosure, Mrs. Lacayo can help you determine if a writ of habeas corpus might be appropriate.
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Mrs. Lacayo has provided more detailed information on expunctions, nondisclosures, writs of habeas corpus, and juvenile record sealing in sections dedicated to those areas.
Mrs. Lacayo has helped many individuals clear their records throughout the greater Houston area. Call the Lacayo Law Firm PLLC at 713-504-0506 to speak with her directly, or you can fill out an online case evaluation form to schedule a free initial consultation and case evaluation. A Spanish interpreter is available to translate. Mrs. Lacayo not only handles cases in Harris County, she will also accept cases in many other Texas counties, including Galveston County, Montgomery County, Liberty County, Fort Bend County, Chambers County, and Victoria County. To find out if Mrs. Lacayo will accept a case in your county please contact her office.
She also understands that communication with the client is the key to effective representation. She keeps her clients aware of what is happening with their cases at all times. She will ensure that you understand your options, so that you can make informed decisions throughout the process. She maintains flexible office hours and responds promptly to telephone calls. Mrs. Lacayo offers affordable rates and payment plans.Criminal record expungement or record sealing could give you your life back after an arrest, charge, or conviction. A permanent record can interfere with your ability to get a job and housing in Houston, Texas. It could harm your reputation personally and professionally. A juvenile with a criminal record may find it more difficult to get into college and take advantage of other opportunities life has to offer. Expungement or record sealing could provide a solution.
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At the Law Office of David A. Breston, we help clients with tough criminal law cases and their aftermaths. Our Houston record sealing lawyers do more than represent clients during criminal trials. We also assist clients with record expungement and sealing processes. If you or a loved one has a criminal record and are curious about whether you are eligible for expungement and/or record sealing in Houston, please contact our record sealing lawyers now for a free consultation.
Record expungement and sealing are two ways to prevent the public from being able to access or see your criminal record in Texas. After expungement (called expunction in Texas) or sealing, employers, property managers, landlords, schools and other parties will not be able to see a history of criminal convictions, in most circumstances. You also do not have to disclose your criminal history after the courts expunge or seal your record.
Record expungement is the complete removal or erasure of your criminal record. It is a legal process in which the courts destroy a defendant’s criminal record. If you qualify for expungement, it will be as if your conviction never happened, for the most part. Expungement removes your criminal and public records. It is the setting aside of your criminal conviction. After expungement, your criminal record will appear clean on background checks. Only certain parties, such as law enforcement, will still have access to your record.
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Record sealing is similar to expungement in Texas, except that it is more easily available for certain parties to access. Record sealing (also known as an order of non-disclosure) hides your criminal convictions from the public – including employers and private investigators – but they will still be visible within the criminal justice system. If you face another arrest in the future, for example, a sealed conviction will still appear as a prior offense.
Expungement and record sealing do not erase your criminal history completely. Only a pardon has that power. Certain parties, including law enforcement and the criminal courts, will still have access to your history of criminal convictions. During an immigration case, for example, the courts will still have access to your expunged criminal record to use as proof of a prior conviction. Not everyone will be eligible for expungement and record sealing. If you are, a Houston non-disclosure lawyer can help you with the paperwork and legal process.
Each state has unique laws for criminal record expungement and sealing. The easiest way to find out if you or your child is eligible for record expungement is by contacting a criminal defense lawyer in Houston. The Law Office of David A. Breston offers free consultations to discuss your options for clearing or protecting your record. We can look into your specific situation and let you know if you fulfill Texas’ eligibility requirements for criminal record expungement.
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If you qualify for record expunction in Texas, you will need to complete the mandatory waiting period before you may apply to expunge your criminal record. The waiting period will vary based on the crimes on your record. If it was a Class C misdemeanor, you must wait at least 180 days after your arrest. You must wait at least one year for a Class A or B misdemeanor, and three years from the date of arrest to expunge a felony.
You might qualify for record sealing in Texas if you pled no contest or guilty to a crime and completed deferred adjudication. If the judge deferred proceedings, placed you under court supervision and you completed the terms, the courts will dismiss the proceedings against you and most likely agree to seal your record. Most misdemeanor crimes in Texas will also qualify for record sealing. If you only had to pay a fine, you do not have to wait to apply for record sealing. Otherwise, you must complete your sentence and wait two years to apply.
Juvenile record expungements are more common than adult cases. In Texas, a defendant’s record is not automatically sealed after the age of 18. To qualify for expunction or sealing, the defendant must have been between the ages of 10 and 17 when arrested and/or charged.
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Once the defendant turns 21 in these cases, he or she will generally qualify for record sealing, with some exceptions. The courts will not expunge or seal records for sex offenses or aggravated felonies. Find out if you or your child is eligible for a Texas expungement or record sealing during a free consultation with our attorneys today.
At the Law Office of David A. Breston, we believe you are more than your criminal past. Criminal record sealing or expungement could give you or your child a fresh start. Our expungement lawyers may be able to help you file for record expunction or sealing in Houston. Call (713) 804-6492 or submit our online contact form today to schedule a free consultation about your case.
Mr. Breston did an amazing job and told me he could get my husband home. He done what other attorneys said was impossible. Or they were going to charge me an outrageous amount. He did it the first time at a reasonable price. Thank you Mr. Breston you are awesome.
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During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040.Having an arrest record can make it seriously difficult to get a new job, mortgage approval, rent an apartment, get a credit card, or obtain or keep a professional license.
Everyday Texans can be affected by a criminal charge even if the charge was DISMISSED or the person was found not guilty
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