Sunday, November 2, 2008

How to destroy your criminal record

Your criminal history can be a life sentence, making it impossible to get the job you deserve. It can even make it difficult to rent an apartment. Even if your case was dismissed or you received non-conviction probation, others can still see these offenses. In fact, this information is available, free of charge on the internet... readily available to ANYONE who might be curious about you.

Fortunately, there's something you can do about it. Want to know if anything can be done about YOUR record? An "order of nondisclosure" seals your arrest and criminal history information from public view. An "expungement" causes any record of your case to be destroyed. You may be eligible for either an order of nondisclosure or an expungement, if any of the following occured in your case:

1. You successfully completed deferred adjudication probation.

2. You were arrested, but never charged.


3. You were arrested and charged, but the case later dismissed.


4. You were arrested, then "no billed" by a grand jury.

5. You were found "not guilty," either by a judge or jury.


6. You received a pardon.


7. Your criminal record has arisen due to your identity being stolen.


EXPUNGEMENT
"Expungement" is a legal procedure through which, under certain circumstances, the fact that you have been arrested and charged with a crime can be removed from your criminal record. Once an expungement is granted by the court, all records of your case are destroyed, and you are no longer required to acknowledge the charge when filling out job applications, looking for housing, etc.

By law, these records cannot be used against you for any purpose. If you were found "not guilty" at trial, your case was dismissed, or you were "no billed" by a grand jury, Texas state law MAY allow YOU to clear your criminal history! Also, you may be entitled to an expungement if you successfully completed deferred adjudication on a class "C" misdemeanor offense (e.g., simple assault, public intoxication, issuance of bad check, disorderly conduct, etc).

WHAT YOU MAY NOT KNOW... Even if your criminal case has been dismissed (or you have been acquitted at trial), ANYONE who checks your criminal history will see that you have been charged with a crime! Potential employers can easily access this information. When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case. These agencies may include District Attorneys, Police Departments, Sheriff's Offices, Bond Desks, County Jails, Texas Department of Public Safety, and the FBI.

NONDISCLOSURE
Have you successfully completed "deferred adjudication probation" in Texas? If you think no one can find out about your criminal case...think again! Your case is a matter of public record, even if it was dismissed when you completed your probation.

As of September 1, 2003, an "Order of Nondisclosure" is a legal procedure through which, under certain circumstances, a court order can be obtained which prohibits governmental agencies from disclosing the existence of your case. This remedy is available for both misdemeanors and felonies, and is available ONLY if you successfully completed deferred adjudication. And if this probation was for a class "C" misdemeanor, you may be eligible for an expungement.

MISDEMEANORS- in most cases, you can petition the court for an order of nondisclosure immediately upon successful completion of your deferred adjudication probation. For certain crimes, a two year waiting period applies. These include: Unlawful restraint or transport; Public lewdness or indecent exposure; Assaultive offenses (assault, deadly conduct, terroristic threat); Offenses against the family (e.g. harboring a runaway, bigamy); Riot, obstructing a highway, cruelty to animals; Weapons offenses (e.g. unlawfully carrying a weapon)

FELONIES- in most cases, you must wait five years after successful completion of your deferred adjudication probation before you can petition the court for an order of nondisclosure.

Certain offenses cannot be sealed with an order of nondisclosure:
Any offense requiring sex offender registration; Aggravated kidnapping; Murder; Capital murder; Injury to a child, elderly individual, or disabled individual; Abandoning or endangering a child; Violation of a protective order; Stalking; and Other family violence offenses (family violence is violence or the threat of violence against a relative or a current or former housemate)

WHAT YOU MAY NOT KNOW... Even if your case has been dismissed by means of deferred adjudication probation, ANYONE who checks your criminal history will see that you have been charged with a crime, and that you entered either a "guilty" or "no contest" plea! Potential employers can easily access this information. When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case. These agencies may include District Attorneys, Police Departments, Sheriff's Offices, Bond Desks, County Jails, Texas Department of Public Safety, and the FBI.

Questions? Email me... info@SealMyArrest.com

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