Any type of past criminal record can have a severe, negative impact on
people’s lives. Even if charges were dropped in your arrest, you
can have a difficult time obtaining employment, housing, loans, and more
because of your criminal record.
Fortunately, there are two ways to resolve the issue: expungement and record
sealing. Expungement—also known as expunction—refers to the
complete elimination of your criminal record, meaning the file, and all
related documentation, is destroyed as if your record never existed.
On the other hand, record sealing—or non-disclosure—limits
access to your record and makes it difficult for anyone to know about
your criminal past. However, the file and documentation are still available
to government and law enforcement agencies.
Expungement may be available to you if one of the following is true:
- If you were arrested, but not charged with the crime
- Your charge was dismissed
- Your offense was a minor alcohol-related offense
- Your offense was a qualifying misdemeanor juvenile
- You were convicted of Failure to Attend School
- You were arrested for identity theft, but another person was actually arrested,
charged, and convicted of the offense
- You received a governor’s pardon or the U.S. president’s pardon
- You were later acquitted by the Criminal Court of Appeals
- Your successfully completed deferred adjudication for a class C misdemeanor
You may not qualify for expunction if you have received a deferred adjudication
or probation, if you were convicted of a felony within five years after
arrest, or if the statute of limitations for the criminal offense is still
However, individuals who are not eligible for expungement may still be
eligible to file a Petition for Nondisclosure Order. You may be eligible
for non-disclosure if you have received a deferred adjudication for a
felony, class A misdemeanor, or class B misdemeanor and have successfully
completed that deferred adjudication.
Keep in mind, the following charges are never eligible for non-disclosure:
Not surprisingly, expunction and record-sealing proceedings can be quite
difficult. Simple mistakes could result in having to start to process
all over again and cause your case to get delayed for months or years. At
Jerry Loftin & Associates, we are committed to making sure your case is done right the first time
and avoid such delays.
For more information,
Fort Worth criminal defense lawyer and schedule a
free consultation today.