In Texas, a misdemeanor conviction remains on a person’s criminal record indefinitely unless it is expunged by the court. However, certain misdemeanors may be eligible for non-disclosure, which limits access to the conviction by certain entities and individuals. The eligibility and process for non-disclosure can vary depending on the specific offense and the individual’s criminal history. It is best to consult with an attorney for specific guidance on the eligibility and process for expunction or non-disclosure.
How Do I Get a Misdemeanor Expunged in Texas?
In Texas, the process for expunging a misdemeanor conviction from a person’s criminal record is called “expunction.” To be eligible for expunction in Texas, certain conditions must be met, such as:
- The person was arrested but not charged with the offense, or the charges were dismissed or quashed.
- The person was found not guilty of the offense at trial.
- The person completed a pre-trial diversion program or deferred prosecution agreement.
If a person is eligible for expunction, they must file a petition for expunction with the court in the county where the arrest or conviction occurred. The petition must be accompanied by a copy of the person’s criminal history and any other required documents, like a sworn affidavit. The court will then hold a hearing to determine whether to grant the expunction.
Not all misdemeanors are eligible for expunction, and the process can be complex, so it’s advisable to consult with an attorney to determine if you are eligible and to assist you in the process.
Even if an expunction is granted, certain state agencies and private entities may still have access to the records. It’s not guaranteed that all records will be destroyed. Some will be sealed but still available for certain agencies.
How to File for an Expunction
You can file an application for expunction with the Department of Public Safety (DPS) at least 180 days after being convicted, and DPS will set a hearing date at least 30 days after the date of filing. Thus, unless the misdemeanor charge is dismissed, it will remain on your record for a minimum of seven months following a conviction.
Non-Disclosure of Records
In addition to expunction, there is another way in Texas to remove a criminal record, which is called “non-disclosure.” Non-disclosure is a court order that prohibits certain entities and individuals from disclosing or using certain criminal history information. The types of criminal history information that can be restricted by a non-disclosure order depend on the type of offense and the individual’s criminal history.
To be eligible for non-disclosure, certain conditions must be met, such as:
- The person has successfully completed deferred adjudication probation for a misdemeanor offense.
- The person has not been convicted of any other offense other than a fine-only traffic offense.
- A certain amount of time has passed since the completion of the probation, usually 2 or 5 years.
If a person is eligible for non-disclosure, they must file a petition for non-disclosure with the court in the county where the conviction occurred. The court will then hold a hearing to determine whether to grant the non-disclosure order. It’s important to note that not all misdemeanors are eligible for non-disclosure, and the process can be complex, so it’s advisable to consult with an attorney to determine if you are eligible and to assist you in the process.
Even if a non-disclosure order is granted, certain state agencies and private entities may still have access to the records. Some records may not be destroyed. These will remain accessible by some agencies.
How to File for Non-Disclosure
In Texas, to file for non-disclosure, an individual must file a petition for non-disclosure with the court in the county where the conviction occurred. The petition must be accompanied by any required documents, such as a copy of the person’s criminal history and a sworn affidavit.
Here are the general steps to file for non-disclosure in Texas:
- Obtain a copy of your criminal history from the Texas Department of Public Safety.
- Meet the eligibility criteria for non-disclosure.
- Prepare and file a petition for non-disclosure with the court in the county where the conviction occurred.
- Serve notice of the hearing on the prosecutor and any other required parties.
- Attend the hearing on the petition and present evidence in support of the non-disclosure.
- Wait for the court’s decision on the petition.
Consult a Texas Criminal Defense Lawyer
If you have misdemeanor charges on your record and think you may be eligible for expunction or non-disclosure, contact the Dallas criminal defense lawyer at The Law Offices of Mark T. Lassiter today. As a former county prosecutor, Mark Lassiter understands how the criminal justice system works. Our legal team could help expunge your misdemeanor or apply for non-disclosure so it no longer adversely affects your life. Call (214) 845-7007 for a free case review.
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