Fort Bend County Criminal Record Sealing Lawyer Andy Nolen

Fort Bend County Criminal Record Sealing

Fort Bend County Criminal Record Sealing

If a person took their felony or misdemeanor case to trial and was found not guilty the offense for which they were charged, that person can get their criminal expunged.  Also, in a felony offense, if the case was no billed (dismissed) by a grand jury for lack of probable cause, that person can also get their criminal record expunged.

Comparing Expunction to Non-Disclosure (Sealing)

The sealing or Non-Disclosure of a Criminal Record is different from the Expunction of a Criminal Record.  The Non-Disclosure process mainly applies to those who pled guilty to a criminal offense, received Deferred Adjudication probation and successfully completed it.  However, if a person hires a Houston criminal defense attorney, fights their case at trial either before a Judge or a Jury and is found not guilty, that person can get his criminal record expunged.  The two other ways that apply for Expunction is when the Grand Jury No Bills the case or the Prosecutor dismisses the case.  However, with a dismissal by the prosecutor, the person may have to wait until the statute of limitations passes.  With a no bill by the grand jury, the person has the immediate right to get their records expunged.

Contrasting the Effect on the Criminal Record between Expunction and Non-Disclosure

When a criminal record is Expunged, the criminal records cannot be released, maintained or disseminated.  In fact, the person who has had their records expunged can legally deny ever having been charged or arrested and can even deny the existence of the expunction order.

By contrast, when a criminal record is sealed (non-disclosure), the person whose record it was is not required to disclosure or mention their criminal record when applying for a job.  Because the record is sealed, the public employer will not have access to the criminal record.  However, certain state entities may receive the criminal history from a criminal justice agency.  These entities include as an example: State Medical Examiners; State Board for Educator Certification; public or non-profit Hospital Districts; Board of Nurses; a School Board District including private and charter schools; and other licensing authorities and State agencies.

Clearly, an Expunction is much better than a Non-Disclosure.  For that reason, before you consider a probation or a conviction, talk to Fort Bend County Criminal Record Sealing lawyer Andy Nolen.  He can evaluate your case and aggressively represent you.  His legal fees are affordable, reasonable and fair.

Fort Bend County Criminal Record Sealing Attorney Andy Nolen has over 22 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Richmond, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Fort Bend County Criminal Record Sealing Attorney Andy Nolen at 832-480-8951.

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Attorney Andy Nolen, Sealing Criminal Records in Texas

TEXAS CRIMINAL RECORDS

 

ARE DEFERRED ADJUDICATION RECORDS PUBLIC?

Yes. Many people mistakenly believe that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, however the law does not provide for automatic expunction of deferred adjudication records.

CAN DEFERRED ADJUDICATION RECORDS BE MADE NON-PUBLIC?

Yes, in some instances. The way that deferred adjudication community supervision records can be made non-public for certain Class B, Class A, or felony offenses is by filing a Petition for Non-Disclosure. Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. This procedure, however, is unavailable for many offenses. Furthermore, if a defendant commits an offense after the deferred adjudication has been completed and before filing the petition, a defendant may be disqualified.

FOR WHICH OFFENSES IS THIS PROCEDURE UNAVAILABLE?

Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant received deferred adjudication) is not eligible to seek an order of nondisclosure:

* Indecency with a child
* Sexual assault
* Aggravated sexual assault
* Prohibited sexual conduct (incest)
* Aggravated kidnapping
* Burglary of a habitation with intent to commit any of the above offenses
* Compelling prostitution
* Sexual performance by a child
* Possession or promotion of child pornography
* Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
* Attempt, conspiracy, or solicitation to commit any of the above offenses
* Capital murder
* Murder
* Injury to a child, elderly individual, or disabled individual
* Abandoning or endangering a child
* Violation of protective order or magistrate's order
* Stalking
* Any other offense involving family violence

WHICH DEFENDANTS ARE DISQUALIFIED FROM SEEKING AN ORDER OF NON-DISCLOSURE?

Any defendant who, after the date of discharge and dismissal, has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only.

WHEN CAN AN OTHERWISE ELIGIBLE DEFENDANT SEEK AN ORDER OF NON-DISCLOSURE?

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure.

All felonies -- 5 years from date of discharge and dismissal.

The following misdemeanors -- 2 years from date of discharge and dismissal:

* Abuse of corpse
* Advertising for placement of child
* Aiding suicide
* Assault
* Bigamy
* Cruelty to animals
* Deadly conduct
* Destruction of flag
* Discharge of firearm
* Disorderly conduct
* Disrupting meeting or procession
* Dog fighting
* False alarm or report
* Harassment
* Harboring runaway child
* Hoax bombs
* Indecent exposure
* Interference with emergency telephone call
* Leaving a child in a vehicle
* Making a firearm accessible to a child • Obstructing highway or other passageway
* Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
* Public lewdness
* Riot
* Silent or abusive calls to 9-1-1 service
* Terroristic threat
* Unlawful carrying of handgun by license holder
* Unlawful carrying weapons
* Unlawful possession of firearm
* Unlawful restraint
* Unlawful transfer of certain weapons
* Violation of protective order preventing offense caused by bias or prejudice

All other misdemeanors -- May file immediately upon discharge and dismissal.

If you are eligible, it is important to file a Petition for Non-Disclosure. Unless there is a court order of non-disclosure directing otherwise, records of a prosecution resulting in a deferred adjudication are publicly available in the District Clerk's records and the Justice Information Management System (JIMS) database maintained by Harris County, Texas.

FORT BEND County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Richmond, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Fort Bend County Criminal Defense Attorney  Andy Nolen at 832-480-8951.