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.

Family Violence Defense Attorney Andy Nolen Builds a Strong Defense

Whenever you hire a defense attorney for a domestic violence case, don't anticipate him to construct your defense alone. There are things you can do to help the procedure go much more smoothly. Remember that a consequence of family violence may render severe consequences, such as jail or prison. And through legal description, domestic violence isn't usually just limited by physical abuse. It may also be defined by psychological as well as emotional abuse. So that which you say and the way you say it when close to your accuser can really make a difference moving forward.

Be Completely Honest

It is essential that you be completely honest with your domestic violence lawyer. If you did the crime, you need to tell your own attorney that which you did as well as how as well as why you did it. He may only move ahead and develop a strong defense if he knows what really happened up front. Make each and every effort to reveal all known facts at first and make sure to tell your lawyer when the act was made in self-defense. For example, if the actual accuser tried hitting you with an object and you hit back in self-defense, this may change the end result of your own case significantly.

Disclose Medication or Alcoholic beverages Use

For those who have a drug abuse problem, which might have resulted in your harassing behavior, please disclose this to your attorney. Make sure you get assistance by attending drug abuse classes or even by seeing a therapist. Making an attempt to overcome your condition may assist your attorney to persuade the State to look favorably at your case.

Seek to fix Relationships

Striving to mend the connection with the actual accuser and/or any kind of relatives involved may be helpful. Sometimes this is all it requires to getting charges dismissed or reduced. Be genuinely regretful for just about any harm a person caused as well as apologize to everyone involved. For those who have shown the pattern associated with abuse along with multiple situations, let all of them know you are prepared to seek help for the problem. If this only occurred once because of stress and lack of temper, then inform them you will require measures to make sure it will not happen once again.

Keep Precise Records

Be sure you keep the journal associated with events in the time you are accused until your entire day in courtroom. Write information about each and every conversation you've had with the actual accuser or even her family/friends. Maintain records associated with any conferences, paperwork, and so on related to your case. This can help your family violence attorney develop a solid defense and never have to backtrack.

Keep the Obligations

If you're obligated to pay for alimony, child support or visits together with your children, then make sure to keep all of your obligations. You may be tempted in order to drop every thing when charged of family violence, but this can only increase the problem. Show that you are continuing to become responsible regardless of the circumstances.

Discredit the False Accuser

In the event that you are falsely charged, find methods to discredit your own accuser like with a witness. Be aware of any incongruities in claims or any kind of inaccuracy within her recount associated with events. If additional witnesses are participating, do exactly the same. One lie results in another, and the judge or jury can see through the lies. But do not take this particular for given. Approach each and every question as well as answer with a lot scrutiny. Your lawyer must do the exact same, but you're alone who knows the facts first-hand and also the events just as they occurred.

Don't Incriminate Your Self

A family violence attorney can only assist you if you do not incriminate your self. Have your own lawyer present whatever interviews as well as examinations. Do not let yourself become cornered through social employees or other people without an attorney. If you are innocent of the crime, then keep your innocence from begin to finish. Don't request plea bargaining or even admit to something you didn't do just because you hope the judge will "go easy" on you. Keep the near future in thoughts, and how it may affect your lifetime and family over time.

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.

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Attorney Andy Nolen: Statutory Rape (Sexual Assault of a Child) in Texas

Under the Texas Penal Code, Statutory Rape or Sexual Assault of the Child as it is known in Texas is a serious felony offense. If the alleged child victim is actually under age 14 years of age, it is really a 1st degree felony punishable from 5 to 99 years in prison for each count in the indictment. When the alleged child victim is between 14 years of age and 16 years of age, then the crime is a 2nd degree felony, punishable from 2 to 20 years in prison for each count within the indictment.

Most of us have heard horror tales. A twenty-two year old male, who we may call Joe, goes to a friend's party and meets a beautiful woman who says she is 18 years of age. They exchange telephone numbers and start a sexual relationship with communications through text, e-mail or telephone. The "woman" transmits Joe, simply for fun, nude photos of herself. Joe retains the pictures on his computer or smart phone, never suspecting that they are really child pornography. Right after, Alan gets a frantic telephone call from the "woman" who says that her parents have heard about him and that she is really only 14 years of age. Soon thereafter, Joe gets a call from the Houston Police Detective wanting to hear "his side of the story..."

Joe now faces severe sex criminal offense charges. Here are just a few of the legal issues to consider:

* For purposes of the Sexual Assault of a Child as well as Indecency with a Child sex offenses, a child does not become an adult in Texas until 17 years of age. The adult age is 18 (versus 17) for additional sexual-related crimes, including Sexual Performance of a Child and Child Pornography.

* Being mistaken or not knowing the child's real age is not a defense in Texas to child sexual offenses. In other words, the alleged victim can lie about her age directly on on-line and the accused will still face serious criminal law consequences for sexual assault of the child or even online solicitation of the minor,
among a number of other crimes.

* The alleged victim's consent to the sexual relationship is not a defense unless the alleged victim is 14 years of age or older and there is only a 3 year (or less) difference between the age of the alleged victim and the accused.

* So long as the jury believes the alleged victim beyond a reasonable doubt, only one eyewitness, the alleged victim, is sufficient for conviction in Texas,

* Neither DNA nor medical evidence of physical trauma is necessary for a conviction in Texas.

* Voluntary intoxication by the accused is not a defense. For example, an accused who gets drunk at a party and has sex with an underage girl cannot use his voluntary intoxication as a defense to the offense of  sexual assault of a child.

* Each separate sexual act can be separately charged within one indictment. If there is a conviction, each count can be stacked or served consecutively.

With these kinds of sexual offenses, there are many other legal issues to consider.  It is important to hire an experienced attorney who understands Texas sex crimes if someone is charged with sexual assault of a child, possession of child pornography or any type of sex offense.

FORT BEND County Criminal Defense Attorney Andy Nolen has over 3 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.

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