Expunctions and Orders of Non-Disclosure for Criminal History
Posted: Monday, May 29, 2006
by John T. Floyd III
Houston Criminal Lawyer - John T. Floyd Law Firm
Many people who have had criminal charges filed against them in the past, or have criminal convictions, have questions regarding what appears on their criminal history and what they can attempt to do to erase or conceal these records from public searches. This is increasingly more significant with almost instant criminal background checks available to potential employers and the public.
Criminal convictions remain on your personal criminal history forever. The only way to have your criminal history “erased or hidden" is to either have your arrest record Expunged or have an Order of Non-Disclosure granted regarding the case. These options are available in very limited circumstances.
Basically, an individual is eligible for an expunction, meaning the arrest is erased and legally never happened, if the defendant was acquitted by judge or jury, or the case was dismissed without any type of court ordered supervision. Some other restrictions apply. Expunctions are not available for deferred Adjudications.
Non Disclosures are available for individuals who have successfully completed a Deferred Adjudication Probation and their case has been dismissed. Non Disclosures are normally available after certain waiting periods have elapsed and IF the Applicant has no new criminal convictions or Deferred Adjudications. (Here’s a very informative primer written by the Harris County District Attorney’s Office, http://dao-web.dao.hctx.net/ie/DADJ/FAQs.pdf.).
A regular conviction for a DWI, regardless of the punishment, is specifically prohibited from either forms of relief.
Both expunctions and Non-Disclosures are very fact specific with technical restrictions. Therefore consult an experienced lawyer to discuss your particular options.
A deferred adjudication probation is a type of court ordered community supervision that results in dismissal of the case upon successful completion of the terms and conditions of the probation. It differs from a regular probation in that there is no finding of guilt because after hearing the plea the court Defers a finding of guilt pending good behavior while on probation.
There is a catch. A deferred adjudication will appear on a criminal background check, which often has the same practical impact as a conviction to potential employers, government agencies etc. However, after successful completion of all terms and conditions of a deferred adjudication probation, you can apply to have the records “sealed" from public inspection by filing a Petition for Non-Disclosure. Again, this has its limitations as government agencies will still have the ability to pull up the records.
BY: JOHN T. FLOYD –
WWW.JOHNTFLOYD.COM
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