The Deese Law Firm is proud to maintain its niche expungement law practice. Lubbock expungement lawyer Kyle S. Deese is dedicated to helping eligible individuals seal or expunge their Texas criminal records in order to obtain a fresh start.

Even if you were wrongfully arrested and the case against you was dismissed, your Texas arrest records may still appear during a criminal background check. Fortunately, Kyle S. Deese may be able to help you file a petition for expunction so you can hopefully move forward with your life.

An expunction of criminal records in Texas, results in the destruction of your arrest records. Once your criminal records have been expunged, you can legally deny the occurrence of the arrest, unless you are questioned under oath in a future criminal proceeding.

Many individuals have also unfortunately been led to believe that they will not have a criminal record upon the successful completion of their “deferred adjudication” probation. In actuality, Texas “deferred adjudication” records are public information that can be readily accessed by the general public and, more importantly, by background screening companies.

If you were placed on “deferred adjudication” for a misdemeanor or felony offense, you will likely need to get a Texas court order sealing your criminal records to keep the criminal history record information from public view. This court order is known as an “order of nondisclosure” in Texas.

Who Is Eligible For An Expunction?

Our Lubbock expunction lawyer will likely be able to help you have your arrest records expunged if:

• You were found not guilty by the judge or by the jury
• You were arrested and charges were never filed against you
• You were arrested and your criminal case was dismissed by the trial court
• You were convicted by the trial court and acquitted on appeal
• You successfully completed “deferred adjudication” probation for a Class C misdemeanor offense
• Another individual was arrested under your identity
• You were convicted and ultimately received a pardon for the offense

What Are The Benefits Of An Expunction?

The expungement process in Texas can provide you with several benefits. An expunction of your criminal records may:

• Allow you to tell employers or prospective employers that you have not been arrested
• Help you obtain student loans and/or housing assistance
• Help you obtain a professional license or certificate
• Permit you to lawfully tell friends, family members, and others that you have never been arrested or charged with a crime
• Reduce your stress and anxiety during future background checks

Are You Eligible For An Order of Nondisclosure?

If you are ineligible for an expunction, you may still be able to remove your Texas criminal history record information from public view by filing a petition for nondisclosure to seal your criminal records if:

• You pleaded guilty or no contest to a Class B misdemeanor or greater offense and were placed on “deferred adjudication” probation;
• You successfully completed your “deferred adjudication” probation; and
• During your probationary period (and during any applicable “waiting period”), you were not convicted of or placed on “deferred adjudication” for any offense other than a traffic offense punishable by fine only.

The “waiting period” for all felony offenses is five years from the date of the dismissal of your criminal case. For certain misdemeanor offenses, including, but not limited to, unlawful restraint, assault, deadly conduct, disorderly conduct, or weapons offenses, there is a two-year “waiting period” after the expiration of your “deferred adjudication” probation. However, there is no “waiting period” for most misdemeanor offenses for which an individual has served a term of “deferred adjudication” probation.

Can You Expunge Or Seal Convictions In Texas?

In Texas, an individual must obtain a pardon from the Governor prior to attempting to expunge a conviction. Pardons are infrequently issued in Texas. However, a recent change in Texas expungement law now allows certain misdemeanor convictions to be sealed through the issuance of an order of nondisclosure.

Surprisingly, a special provision in the new law even allows some individuals to “seal” a first offense misdemeanor DWI conviction in certain instances and have their DWI conviction records removed from public view. In general, to be eligible to seal your misdemeanor conviction in Texas, you must have no previous convictions or “deferred adjudications” for any other offenses other than a minor traffic offense punishable by fine only.

How Will Sealing Your Texas Criminal Records Help You?

An order of nondisclosure restricts the general public from having access to your sealed Texas criminal records. In addition, under Texas law, an order of nondisclosure allows to you to deny that you have been the subject of a sealed criminal proceeding in any application for employment, information, or licensing.

Moreover, after sealing your Texas criminal records, background screening companies must immediately destroy their records and cannot release records related to your sealed criminal proceeding on a routine background check for housing or employment purposes. If you believe you are eligible for an expunction or an order of nondisclosure, please contact The Deese Law Firm today at 806.475.0150 to schedule a free telephone consultation with Lubbock expungement lawyer Kyle S. Deese.