Criminal records in Texas are essentially public information, which means that anybody can easily find out if an individual has been arrested or convicted of a criminal offense. Many employers and other agencies will review criminal records as part of background checks conducted during any application for employment, housing, or professional license.
While an arrest or a conviction can dramatically impact a person’s success rate when applying for any of these matters, some individuals may be able to have their criminal records sealed or expunged. An expunction or order of nondisclosure (the sealing of a criminal record) allows people to legally deny that they were ever arrested, but it can be extremely complicated to successfully have a record sealed or expunged.
If you are hoping to have any kind of arrest or conviction in Collin County on your criminal record sealed or expunged, it is in your best interest to make sure that you retain legal counsel for help submitting your application. Law Offices of Richard C. McConathy assists clients seeking the sealing or expungement of a criminal record in McKinney, Plano, Allen, Frisco, and many surrounding areas of Collin County.
Plano criminal defense lawyers Richard McConathy and Brian Bolton understand the many effects that criminal records can have on important aspects of a person’s life. Call (972) 805-8855 today to have our attorneys review your case and answer all of your legal questions during a free initial consultation.
Some people are allowed to have all records of their arrests, criminal charges, or convictions destroyed through the expunction process in Texas. Individuals can expunge their criminal records only if they:
If a person is not eligible for expunction, that individual may be able to apply for an order of nondisclosure. Orders of nondisclosure do not result in destruction of the criminal records, but they do prohibit the public from having access to the records.
Under Texas Government Code § 411.074, a person is not entitled to petition the court for an order of nondisclosure if the court makes an affirmative finding that the offense for which the order of nondisclosure of criminal history record information is requested involved family violence, or the alleged offender was convicted or placed on deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication community supervision for:
The criminal charge that a person is seeking to have sealed or expunged determines when that individual can petition for an expunction or order of nondisclosure. Under Texas Government Code § 411.081(d), a person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information:
Texas Code of Criminal Procedure § 55.01 establishes that petitioners must wait for the following amounts of time before seeking expunction of their criminal records:
Criminal History Records | Texas Department of Public Safety (DPS) — Visit this section of the DPS website to learn more about orders of nondisclosure and expunctions in Texas. You can also find information about the sealing of juvenile records, automatic restriction of access to juvenile records, and misuse of identity. You can also read answers to frequently asked questions.
Expunctions in Texas | Texas Young Lawyers Association (TYLA) — View a brochure from the TYLA discussing orders of nondisclosure and expunctions. The brochure discusses the difference between these two options and also describes the separate processes. You can also view a sample petition and order for expunction of criminal records.
Do you need help having you criminal record sealed or expunged in Collin County? Law Offices of Richard C. McConathy can work to make sure that you application is not denied or subject to any unnecessary delays.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent individuals all over Collin County, including Frisco, Allen, Plano, McKinney, and several other surrounding areas. You can have our lawyers provide a complete evaluation of your case when you call (972) 805-8855 or submit an online contact form to schedule a free, confidential consultation.