Expunction and Sealing of Records
The criminal defense team at Evans & Peek, LLP are dedicated to representing clients in all facets of criminal law, including expunging or sealing their criminal records. Our criminal defense attorneys have the experience, expertise, and resources to assist you with expunging, sealing or cleaning up your criminal history. All of our criminal defense attorneys are authorities on how to expunge or seal criminal records and can do so without you having to spend thousands of dollars on legal fees.

We are consistently being asked whether or not a particular arrest or charge can be expunged. However, one this should be clear: not all charges, regardless of whether you served probation or deferred adjudication probation and regardless whether you were sentenced to jail, can be expunged or be ordered "non disclosed". The following is a summary of the laws in the state of Texas concerning expungement and the newer practice called Petition For Non-Disclosure or "sealing" of your criminal records.

What Is Expunction?

If eligible, upon petition for expunction a court in Texas may direct specified law enforcement agencies to literally destroy all records associated with your arrest and prosecution, such as destruction of jail records, police reports, prosecution reports and court files. If successful, you can legally deny ever having been arrested for or charged with the criminal offense which has been ordered expunged.

You may be eligible for expunction if .
  1. a case was dismissed by the District Attorney's office or No Billed by the Grand Jury, meaning the Grand Jury refused to indict you for a felony offense, you may be able to expunge your records.

    Note: Once the limitations period for the underlying offense expires (except for murder which does not have a limitations period), the felony case can be expunged.
  2. after a trial on the merits of any criminal offense in Texas, the judge or jury returns a not guilty verdict, you may be able to expunge your records.
  3. if you have a Class "C" Misdemeanor on your record, you may be able to expunge it from your record.
What Is A Petitioner For Non-Disclosure?

The main difference is that upon petition for non-disclosure, the court may order specified law enforcement agencies to refrain from disclosing any of your criminal records to any third party associated with your arrest, prosecution or even deferred probation. As with expunction, if successful you can legally deny the existence of the arrest, charge and even deferred probation.

In addition, a non-disclosure order requires that third party vendors, such as Knowx.com or PublicData.com, who buy criminal history information remove that information from their databases. If one of these third party vendors do not remove the information ordered by the court, the statutes subject them to stiff civil penalties.

Contact Our Expunction Attorneys Today

Our criminal defense attorneys are authorities on how to expunge or seal criminal records and can do so without you having to spend thousands of dollars on legal fees. The criminal defense team at Evans & Peek, LLP stand ready to put our vast experience to work for you.

With free consultations, you have nothing to lose. Contact our criminal defense team now for a free consultation. Please click here for contact information.

An excellent web source for more information is www.recordhelp.com by attorney Michael Lowe in Dallas, Texas