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| CRIMINAL
DEFENSE TRIAL ATTORNEY |
| EXPUNGEMENT / SEAL RECORD |
EXPUNGEMENT / SEAL RECORD
Expungement
An expunction is when a criminal defendant petitions the court where their case was handled to have the case (and other documents) destroyed. The court will review the petition and if the court grants the expunction it specifically direct law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. Once the expungement has been successfully completed the petitioner can legally deny ever having been arrested for or charged with the criminal offense for which he/she received the expunction.
A few examples of expungement of criminal records is as follows:
Class "C" Misdemeanor’s
If you have a Class "C" Misdemeanor on your record, you may be able to have your record expunge. Contact one of our experienced attorney’s to if you are eligible to have your Class "C" Misdemeanor expunged.
Dismissed Case or Grand Jury No Bill
If your case was dismissed by the District Attorney’s office or No Billed by the Grand Jury you may be eligible to have your record expunged.
If your case was a felony offense and it was no billed by a Grand Jury the same rule above applies. Felony offenses have limitation periods before the record can be expunged. The limitation period can range from anywhere between five years and ten years. However, some felonies such as Murder do not have a limitation period. Upon the expiration of the limitation period the case can be expunged.
Exonerated Defendants
If after trial a judge or jury find you "not guilty" of the criminal offense then you may be able to expunge your record.
Nondisclosure
A petition for nondisclosure is when a criminal defendant petitions the court to request that certain law enforcement agencies to refrain from disclosing to any third party (employer’s, etc.) any criminal records associated with any arrest, prosecution and deferred probation.
Deferred adjudication is when a defendant is on probation for a period of time and DEFER any finding of guilty unless and until the defendant successfully completes the probation. If the defendant successfully completes the probation, the court will dismiss the case.
If the petition for nondisclosure is granted the petitioner can legally deny the existence of his/her arrest, charge and deferred probation. The order given by the court states that any third party that buys criminal history information from the State of Texas is to remove that information from their databases. If these third party vendors do not remove the information in accordance with the court’s order, they would be subject to civil penalties.
Sealing Record
Sealing your record often refers to convictions that occur when a person is a juvenile. This means that you can have the records sealed from public inspection. It will not show as a public record. The procedure is similar to the expungement process. A motion is presented to the juvenile court to have all arrests, charges and convictions permanently sealed from inspection
If you feel that you are eligible or know someone who may be eligible please contact one our experienced attorney’s for a consultation to review the case.
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KYLE
WHITAKER |
| Attorney
at Law |
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MALLICK TOWER
Suite 906
ONE SUMMIT AVENUE
FORT WORTH, TEXAS 76102
(817) 332-7703 Office
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