A criminal record can have extremely damaging consequences on a person’s employment, housing, or professional licensing. Background checks have become commonplace concerning the reviews of applications in many of these matters, and any record of a prior misdemeanor or felony offense can negatively impact a person’s prospects.
Some residents of Texas may be able to seal or expunge their criminal records, allowing them to legally deny that the arrests ever occurred. The process of sealing (referred to as an order of nondisclosure) or expunging a criminal record, however, can be very complicated.
Are you hoping to seal or expunge your criminal record in Denton County? You will want to contact Law Offices of Richard C. McConathy for help guiding you through the application process.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Denton who represent clients in communities all over Denton County, including Little Elm, The Colony, Argyle, Flower Mound, Highland Village, Lewisville, and many others. They can provide an honest and thorough evaluation of your case as soon as you call 940-222-8004 to take advantage of a free, confidential consultation.
When a person obtains an order of nondisclosure (or seals a criminal record), that individuals’ criminal record can no longer be viewed by the public. Law enforcement agencies and other enumerated entities may have access to the record, but are prohibited from disclosing its contents.
Only alleged offenders who have successfully completed deferred adjudication can apply for orders of nondisclosure. Under Texas Government Code § 411.0725, a person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after:
Texas Government Code § 411.074 establishes that a person will not be granted an order of nondisclosure of criminal history record information and is not entitled to petition the court for an order of nondisclosure if the court makes an affirmative finding that the offense for which the order of nondisclosure of criminal history record information is requested involved family violence, or the person was convicted or placed on deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication community supervision for:
When a person has his or her criminal record expunged, all records of the arrest and prosecution are completely destroyed. Expunged records are treated as though they never existed, and individuals who have their records expunged can deny that the arrests ever occurred.
Alleged offenders are eligible to expunge their criminal records if they:
Similar to orders of nondisclosure, state law in Texas imposes certain waiting periods for expunction eligibility. Under Texas Code of Criminal Procedure § 55.01(a)(2), a person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if that individual has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision for the offense, unless the offense is a Class C misdemeanor, provided that regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested has not been presented against the person at any time following the arrest, and:
Criminal History Records | Texas Department of Public Safety (DPS) — On this section of the DPS website, you can find information about expunctions and orders of nondisclosure. You can also view crime statistics and learn more about criminal history reporting. You can also find a link to perform criminal history searches.
Texas Government Code | Order of Nondisclosure of Criminal History Record Information — View the full text of the statutes relating to orders of nondisclosure. You can learn more about required conditions for receiving an order of nondisclosure as well as different procedures and disclosures in Subchapter E-1. Subchapter F deals with criminal history record information.
Texas Code of Criminal Procedure | Expunction of Criminal Records — Chapter 55 of the Code of Criminal Procedure deals with expunctions. Learn more about the right to expunction, the procedure for expunction, and the effect of expunction. You can also find information relating to license suspensions and revocations.
If you have a criminal record that you want to have expunged or sealed in Denton County, it will be in your best interest to seek legal representation. Law Offices of Richard C. McConathy assists clients in Flower Mound, Argyle, The Colony, Little Elm, Lewisville, Highland Village, and many surrounding areas of Denton County with orders of nondisclosure and expunctions.
Denton criminal defense lawyers Richard McConathy and Brian Bolton will fight to help you clear your name. Call 940-222-8004 or complete an online contact form to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.