Texas Expunctions
Sealing Records
Expunctions (Wiping the record completely)
Background checks of a person's criminal record are becoming increasingly common. Employment, renting an apartment, or other activities are now conditional on passing a background investigation. An expunction is a civil court proceeding in which the court orders all agencies which may have records of a person to remove or obliterate those records. In Texas, the right to an expunction is governed by Chapter 55 of the Texas Code of Criminal Procedure, supplemented with various court decisions. Eligibility requirements for an expunction are variable depending on the type of case, whether the statute of limitations has run, what the outcome of the case was in criminal court, and various other factors. An expunction proceeding must be filed in the same county where the criminal case occurred; for example, if your case happened in San Antonio, Texas, any expunction would have to be filed in Bexar County. Consultation with an attorney experienced in expunctions is vital, and particularly before any criminal case is concluded; otherwise, the right to an expunction may be lost. A competent criminal defense lawyer should always be able to advise the client as to the effect of a criminal case on the client's record. Carl S. Lobitz has many years of experience in handling expunctions; free consultations, over the telephone or in person, are available.
Petitions for Nondisclosure (Sealing a Record)
One of the most common misconceptions people have about their criminal cases is that when deferred adjudication is completed, the case is removed from a person's record. It is sometimes an unpleasant shock to realize that the case still exists and continues to show upon a background check. It is apparent that many people who have received deferred adjudication were not properly advised by their attorneys as to the effect of this probation on their criminal records. Fortunately, in certain cases, a petition for nondisclosure can be filed; if granted, private entities or individuals would be prevented from viewing the person's record. Law enforcement would retain the records, which could be used in any subsequent prosecution of the person, but could not disclose these records to private employers, apartment leasing companies, and others. Petitions for nondisclosure in Texas are governed by Section 411.091 of the Texas Government Code. As with expunctions, petitions for nondisclosure must be filed in the county where the criminal case originated, but instead of filing in civil district court, the case must be filed in the original criminal court. For example, if your case was handled in county court in San Antonio, your petition for nondisclosure must be filed in that same criminal court. Although petitions for nondisclosure are available for certain kinds of criminal cases, they are prohibited for others. Also, the granting of a petition for nondisclosure by the judge is not mandatory, but discretionary. In other words, you may have the right to ask for an order of nondisclosure, but the judge may deny it in his or her discretion. It is vital that you consult with an attorney skilled in presenting evidence of rehabilitation and good citizenship in a hearing for nondisclosure. Carl S. Lobitz has successfully handled many petitions for nondisclosure; free consultations, whether in person or over the telephone, are available.
