Non-Disclosure | Sealing Your Record | Fort Worth Non-Disclosure Lawyer

Having a criminal arrest on your record can create all sorts of problems in your life. It can affect your current employment, your job prospects, your ability to get a loan, and even your chances of getting into certain schools or colleges.

The good news is that there are ways that you can have your criminal arrest record non-disclosed. This means that it’s sealed, and the public won’t be able to see it.

The first step in getting an arrest sealed through an expunction or non-disclosure is that you need to get a great outcome on the case (i.e. dismissal, dropped charge, no bill).  We can certainly help with that aspect of the case if needed, but if you are looking at the next step, at Hoeller McLaughlin PLLC, we offer an experienced Fort Worth non-disclosure lawyer, Lindsay Truly, to help with the non-disclosure process.

Whether we are there from the beginning or not, our team at Hoeller McLaughlin PLLC are here to help you get your life back on track.

Expunctions & Non-Disclosures | Seal your recordSEAL YOUR RECORD WITH AN EXPUNCTION OR NON-DISCLOSURE

Don’t let an arrest prevent you from getting your dream job. Let us help you seal your record.

EXPUNCTIONS & NON-DISCLOSURE IN TARRANT COUNTY?

EXPERIENCED DEFENSE LAWYER CAN HELP WITH SEALING YOUR RECORD

Getting arrested can be a very difficult and stressful experience, especially because of the impact it can have on your life, whether you are looking to keep or maintain a job, get an apartment, get a loan, keep a security clearance, own or possess a gun, or get accepted into college. All of these are severely impacted by a criminal arrest. Which is why getting your record sealed can be a very important step in the criminal process.  Here is some information and answers to common questions regarding getting your record sealed.

WHAT IS MY RECORD?

Anytime someone is arrested in Texas, than that arrest gets recorded on the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) databases.  That is the law enforcement “record” and that is where information generally gets pulled when someone is doing a background check.  In addition to the arrest, any subsequent action on that arrest (dismissal, conviction, probation, etc.) would also get recorded on your record.

DOES YOUR CRIMINAL RECORD AUTOMATICALLY GET SEALED WHEN A CASE IS DISMISSED?

No. It is a very common misconception that once a case is dropped or dismissed that your record is now clear, but that’s not how it works. The dismissal would end up on your record, which is helpful, but the arrest itself would also still appear and it still might be something you would need to address if someone was doing a background check.  Once you get arrested, that arrest stays on your record FOREVER unless you file a lawsuit for an expunction or Petition for a Non-Disclosure.

WHAT ARE THE DIFFERENT WAYS TO SEAL YOUR RECORD?

Texas Law allows for criminal records to be sealed under two primary types of seals:

  1. Expunction (Completed Erased); or
  2. Petition for a Non-Disclosure (Sealed).

Texas law also allows for certain low level first-time DWI convictions and deferred adjudications to be Non-Disclosed. Hoeller McLaughlin PLLC helps clients with all three of these types of legal procedures.

Click here for more information on a DWI Non-Disclosure.

WHAT IS THE DIFFERENCE BETWEEN AN EXPUNCTION AND A NON-DISCLOSURE?

The goal for both is to seal your record from public view, but there are differences.  An expunction is a lawsuit that if granted by the Court, it orders anyone who has any records of your arrest to destroy them, which includes the arresting agency, the DA’s office, and any government database or entity that may have posted your arrest information online.  The goal with an expunction is to completely erase any record that you were ever arrested (“like it never happened”).

A Petition for a Non-Disclosure is similar, but with a non-disclosure law enforcement is allowed to keep the records – they just cannot do anything with them (there are exceptions for DWI specific Non-Disclosures).  It is generally against the law for law enforcement to disclose to the public that you were ever arrested if a non-disclosure is granted by the Court.

HOW DO I KNOW IF I QUALIFY?

We are here to help with that part of it because there are a number of factors involved, and it does take a level of expertise to sort it out sometimes, but here are some of the main questions we are looking at?

  1. What were you originally arrested for (i.e. what was the charge you are now trying to seal)?
  2. What was the outcome of the case?
  3. Was the case dismissed, dropped, or No-Billed by a Grand Jury?
  4. Were you ever put on probation (deferred or straight) for the charge?
  5. Was it a felony or a misdemeanor?
  6. How long has it been since you are arrested, because in most cases, there is a waiting period before a case is eligible for an expunction or a non-disclosure?
  7. Was there any other cases associated with this charge?
  8. Have you ever been arrested before or after this charge?

In general, it’s important that the case ends up dismissed to qualify for any of these, which is why we always strive to get outcomes that end up dismissed when we are handling the original case.

CAN I GET A CASE SEALED IF I WAS CONVICTED?

As a general rule, the answer is no, but there are some exceptions, typically involving offenses committed as a minor and certain first time DWI convictions.  Most expunctions and non-disclosures require the criminal case to have been dismissed, dropped, or no-billed as a final outcome.

HOW LONG DO I HAVE TO WAIT TO GET MY RECORD CLEARED?

That depends on a number of factors, including whether the case was a misdemeanor or a felony and how the case was disposed of.  For misdemeanors expunctions (i.e. for cases that were outright dismissed), there is generally a 2-year waiting period from the date of arrest (misdemeanors have a 2 year Statute of Limitations).  For felony expunctions (felonies that were never filed, dismissed, or no-billed by a Grand Jury), there is generally a 3-year waiting period from the date of arrest (most felonies have a 3 year Statute of Limitations).  There are exceptions in Tarrant County for Diversion Programs that shorten the waiting period for an expunction.

For cases eligible for a Petition for Non-Disclosure, it depends on whether it was a misdemeanor or felony.  For misdemeanors, it’s a 2 year waiting period.  For felonies, the general rule for eligible cases is that there is a 5-year waiting period from the date the case is finally disposed. For example, if you completed deferred probation on a felony drug charge, then the waiting period is 5 years from the date you successfully completed probation and the case was dismissed.

WHY IS IT IMPORTANT TO SEAL YOUR RECORD?

Background checks.  Whether you are applying for a job, for a loan, for a mortgage, or you are trying to go to school, most places do a background check.  Having an arrest on your record can make it a lot more difficult to accomplish any one of those things. So it’s vitally important to seal your record.

If you have a question or need us to review your case to see if your qualify for an expunction or non-disclosure, call for a free confidential consultation – 817-334-7900.