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Sealing Your Criminal Record in Texas

Written by: Eli Zev Ilionsky

Reputation Level 11

Posted almost 3 years ago. Applies to Texas, 13 helpful votes, 0 comments

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Introduction

Sealing one's criminal record in Texas is doable, but only there are many restrictions. One is urged to discuss such a matter with a licensed and qualified criminal attorney before attempting to seal one's records. There are two methods through which sealing one's record is possible in Texas - Expunction and Non-Disclosure. Each apply to different circumstances.

Expunction

Expunction is available for either Misdemeanor or Felony in the following circumstances: Defendant was charged with a crime but the charge was subsequently dropped; Defendant was a acquitted of the charges in a Court of Law; or the Defendant was found guilty but the conviction was later overturned.

Non-Disclosure for Felonies

Non-Disclosure is available for certain Felonies ONLY if the Defendant successfully completed his/her deferred adjudication period (also known as community supervision). If the period of deferred adjudication was successfully completed, the Defendant can petition for an Order of Non-Disclosure is available for all felonies within five years from date of discharge and dismissal (i.e. successful completion of deferred adjudication).

Non-Disclosure for Misdemeanors

Non-Disclosure is available for certain Misdemeanors immediately after successful completion of deferred adjudication, except in the offenses in the next paragraph, where the wait is two years.

Misdemeanors with a Two Year Wait for Non-Disclosure

Abuse of corpse, Advertising for placement of child, Aiding suicide, Assault, Bigamy, Animal Cruelty, Deadly conduct, Flag destruction, Discharge of firearm, Disorderly conduct, Disrupting meeting/procession, Dog fighting, False alarm or report, Harassment, Harboring runaway child, Hoax bombs, Indecent exposure, Interference with emergency telephone call, Leaving a child in a vehicle, Making a firearm accessible to a child, Obstructing highway or other passageway, Possession, manufacture, transport, repair or sale of switchblade knife or knuckles, Public lewdness, Riot, Silent or abusive calls to 9-1-1 service, Terroristic threat, Unlawful carrying of handgun by license holder, Unlawful carrying weapons, Unlawful possession of firearm, Unlawful restraint, Unlawful transfer of certain weapons, Violation of protective order preventing offense caused by bias or prejudice.

Offenses Not Available for Non-Dislosure

The following type of offenses are not available for Non-Disclosure, be they Felony or Misdemeanor: Indecency with a child, Sexual assault, Aggravated sexual assault, Prohibited sexual conduct (incest) Aggravated kidnapping, Burglary of a habitation with intent to commit any of the above offenses, Compelling prostitution, Sexual performance by a child, Possession or promotion of child pornography, Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age, Attempt, conspiracy, or solicitation to commit any of the above offenses, Capital murder, Murder, Injury to a child / elderly individual / disabled individual, Abandoning or endangering a child Violation of protective order or magistrate's order, Stalking, and any other offense involving family violence.

Procedural Steps

In order to receive an Expunction or Non-Disclosure, one's attorney needs to file a Motion for Expunction or a Motion for Non-Disclosure with the original Court which handled the criminal offense. A copy of said motion should also be served upon all interested parties (District Attorney, probation officer, etc.) within the case. The attorney will set a hearing date for the motion and argue the facts, supported by both statute and caselaw, in one's favor. Should the Court agree, an Order for Expunction or Non-Disclosure will be issued by the Court.

Truly Sealed?

If the Order grants an Expunction or Non-Disclosure, the records will be sealed and it is as though the whole ordeal never happened. However, this pertains only to the civilian sector. Police, FBI, and other governmental and local enforcement agencies will be able to see the sealed records if one's criminal history should come up during the course of an investigation.