For anyone with a criminal past, the future can be fraught with unforeseen challenges particularly when applying for a job or security clearance, as that criminal past may have included a record of same that continues to show up in the county records. Many prospectiveopportunities can close as soon as the entity representative or the person researching your background locates the criminal record, and they will. As such, if there is a record, it is important to take the necessary steps soon after the record is complete in order to clear your name and record, and it is also important to make sure that a proper plea or dismissal is entered so that you can clear your past record.
If not, there can be long term consequences that will interfere with your ability to succeed in life. If your case is handled properly, there will be two possible options to help clear your record – first, is an expunction and second is what is called criminal non-disclosure. While similar in nature, the two options offer different levels of sealing a record so that the public cannot discover it from county records. If you are being faced with a possible criminal conviction or criminal plea arrangement; if you were arrested without apparent cause, or if your case was dismissed by the court or by deferred adjudication, an experienced criminal defense attorney can help, especially in working out an arrangement with the court for the record to be sealed at a later date in time, if that option is available to you.
What is Expunction of an Arrest Record or Criminal Record?
Expunction has the ability to completelyseal the conviction andyour criminal record so that only members of law enforcement will be able to access the information. No one elsewill have access to those records expunged and to the public it will appear that you have no criminal history at all. If the arrest or charge was dismissed without a plea agreement being entered into, or if your case was processed by pre-trial diversion, or you received a Class C misdemeanor that was dismissed regardless of pretrial diversion, you will be able to file a petition to expunge the record and, if expunged after a criminal background check is performed, you will honestly be able to deny the charge or arrest under oath, if asked. It willappear as though the criminal arrest or conviction never happened. However, when filing any immigration applications or petitions, the arrest and charge will still need to be disclosed and a copy of the arrest, charge and expunction records will need to be supplied. Expunction of a record can be filed immediately after the record is closed after the running of the statute of limitations of the crime committed.
Unfortunately, the expunction process is only available under certain circumstances and for certain offenses. If you are wondering if your record can be expunged, contact a qualified defense attorney at Goldstein & Scopetllite, PC who will review your criminal record and discuss options and if expungement is an option.
What is Criminal Non-disclosure of a Criminal?
When expunction is not an option, there is another possible option to remove a record from public disclosure: that option is criminal non-disclosure. Criminal nondisclosure allows a person to seal their record to the public but through many fewer State agencies which means that it is likely that the information could still appear on county websites. The process of filing a petition for non-disclosure is similar to that of filing for an expunction. A petition must be filed, a background check will need to be performed and if approved, an order will be granted removing the record or the criminal conduct from the State agencies applicable under the code. While non-disclosure will prevent employers and civilians from seeing your criminal record under most circumstances, it will not prevent law enforcement or government officials from accessing those records. Also, only certain convictions can apply for non-disclosure and a dismissal order must be entered. Furthermore, if the record is non-disclosed, and if you are ever asked on an application or under oath if the criminal arrest or conviction or plea ever existed, you must acknowledge the criminal arrest or conviction, if asked.
Depending on the severity of the crime committed and whether you were placed on probation instead of being convicted, non-disclosure may not be able to be filed immediately. In some cases you may have to wait years before a petition can be filed. For example, many misdemeanors allow for a non-disclosure filing as soon as thestatute of limitationperiod ends. That being said, more serious misdemeanors may require a 2 year waiting period and Felonies a 5 or 10 year waiting period. If you would like to know if your arrest or criminal record is eligible for non-disclosure, contact an experienced expunction lawyer or criminal defense lawyer who will be able to advise you as to eligibility, filing requirements and waiting periods for your specific infraction.
The criminal defense attorneys and expunction attorneys at Goldstein & Scopellite, PC have a proven track record in settling criminal cases so that the record can be removed and in obtaining expunction and non-disclosure of criminal records that are eligible.
Goldstein & Scopellite, PC, established in 2002, has offices located in Dallas, TX and Tucson, AZ. For more information, see their local Dallas listing in D Magazine.
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