Denton Expunction and Non-Disclosure Lawyer

Denton Expunction and Non-Disclosure Attorney

Our law firm specializes in getting records sealed

Everyone makes mistakes. But some personal errors should not become a permanent stain on your future, especially when those errors are in the justice system. If you have a criminal record in Texas and you want to know whether it can be cleared or sealed, you should consult a Denton expunction and non-disclosure lawyer as soon as possible.

The seasoned attorneys at Robuck Morgan Law Firm, PLLC, provide comprehensive criminal defense services in Denton, Texas. We offer our clients dedicated legal counsel on successfully obtaining expunction and non-disclosure orders for criminal records, including juvenile records, for those who are eligible. For additional guidance on your overall criminal case strategy, consider speaking with a compassionate Denton criminal defense lawyer.

How Expunction Works in Texas

Whenever a person is arrested and charged with a crime, a criminal record is created with details of the alleged crime. This record also includes information on convictions and acquittals.

Under Texas law, individuals may request and receive an expunction order if they meet certain eligibility requirements. Often referred to as the expungement of a record, obtaining an expunction order can allow a person who has had trouble with the law access to opportunities they would not otherwise enjoy if they have a criminal record.

Expunction Eligibility in Texas

Texas Code of Criminal Procedure, Chapter 55, provides the details on what kind of records may qualify for an expunction order and how to request it. Under this code, only certain types of cases are eligible for expunction in Texas. These include:

• Arrests that did not result in charges
• Cases that were dismissed
• Cases where a defendant received an acquittal
• Records where the accused was convicted and received a pardon
• DNA records collected in connection with cases that qualify for expunction

The process for requesting an expunction includes filing a petition with the court and ensuring that you provide all requested documents by the timeline.  In certain situations, you may need to present an argument in front of a judge as to why your case should be eligible for expungement.

Following the issuance of an expunction order, law enforcement agencies are required to destroy any records they possess related to a particular case.

Being successful in your expunction request is not simple. It is highly advised that you speak with a qualified criminal defense attorney who can assist you as you work to regain a clean slate.

Non-Disclosure Orders in Texas Explained

For cases that may not be eligible for expunction, a non-disclosure order may provide a way to limit access to your criminal record. Non-disclosure orders prompt the sealing of cases, which restrict the availability of your record for most employers, potential landlords, and the public.

Certain crimes can be sealed under a non-disclosure order if a person:

• Completed their sentence
• Successfully ended their probation
• Is a first-time offender

A specified time period should be observed following the completion of probation before the filing of a non-disclosure order request. Sealing a record is the most optimal option if you are not eligible to have your record expunged. Our team can assess your case and determine if you are eligible to receive a non-disclosure order.

Juvenile Records

The justice system is often more lenient for juvenile offenders, which translates to more opportunities for expunction and non-disclosure requests to be granted for these types of offenders. Texas Family Code, Chapter 58, spells out the eligibility requirements to be granted an expunction or non-disclosure order for a juvenile record:

• Sealing Juvenile Records: Though many juvenile cases are automatically sealed, cases involving serious offenses, or those where the defendant had a prior criminal record, may require a petition to be filed in court in order to be sealed.
• Expunction of Juvenile Records: Similar to adult cases, juvenile cases must meet certain criteria to be eligible for an expunction order. Lower misdemeanors and records of arrest without charges may be expunged upon request. Violent felonies and records of sex-related offenses are typically ineligible for expungement or sealing, even if the person was a juvenile.

Though juvenile records are more restricted in Texas than adult criminal records, agencies, including law enforcement, licensing agencies, and victims of a crime, may still have access to these records. Therefore, taking steps to manage and protect your information is essential.

Role of a Denton Expunction and Non-Disclosure Lawyer

When requesting an order for expunction or non-disclosure in Texas, it is recommended you obtain the help of a skilled criminal defense attorney who has had success in these matters. An attorney can assist with your case at each stage of the process.

• Review Your Record: A seasoned attorney can assess your criminal record and inform you whether a record can be cleared or sealed. Texas criminal laws are strict. Not all crimes are eligible for expunction. An attorney can help save you time by confirming your eligibility before you start the process.
• Commence the Process: Errors in your petition can mean a denial of your request. Not only is this costly, but it also means delays in building your new life. Having a knowledgeable attorney by your side can help increase the chances of success for your petition.
• Provide Counsel and Representation: Navigating the complexities of the Texas legal system can be overwhelming. A trusted expunction and non-disclosure lawyer is a valuable asset to have, especially if you face roadblocks through the process.

FAQs About Denton,TX Expunction and Non-Disclosure Law

Q: How Much Does an Expunction Cost in Texas?

A: The cost of an expunction in Texas depends on your particular circumstance. A filing fee must be paid when submitting an expunction order, and this fee can vary from one county to another. Additional processing fees may also be requested. If you need the assistance of a qualified attorney, you may be required to pay attorney’s fees.

Q: Do You Need a Lawyer for Expungement in Texas?

A: Though you do not need a lawyer for expungement in Texas, you are highly encouraged to seek the counsel of a qualified criminal defense lawyer. They can assess your case and help you determine if you are eligible. They can also assist you in filing the petition and responding to any court requests. Hiring an attorney can increase the chances of your petition being successful.

Q: What Cases Cannot Be Expunged in Texas?

A: Cases that cannot be expunged in Texas include most felony cases, especially those that involve a violent crime. Repeat offenders are less likely to have their records expunged. Record expungement is also not available to those who have not completed the terms of their sentence. Additionally, offenses involving serious harm, such as sexual crimes or crimes against children, are typically ineligible for expunction.

Q: How Long Does Expunction Take in Texas?

A: The timeline for case expungement varies from county to county and from case to case. Some cases may face less opposition and can be approved in a matter of weeks. For other cases, a hearing may be required, which may extend the timeline. A knowledgeable attorney can provide a clearer timeline for your particular case.

We Work to Help You Get a Clean Slate

Whether you are looking to erase past mistakes or just want to keep your criminal record private, working with a trusted Denton expunction and non-disclosure lawyer can be one of the most important decisions in your case.

At Robuck Morgan Law Firm, PLLC, our talented team of attorneys and legal assistants provide passionate support to each client. Not all cases are the same. We work diligently to ensure that your case is presented in the most optimal way possible. Contact us today to learn more about how we can assist you.