Sealing Criminal Records In Texas
If you have been convicted of a criminal offense in Texas and are wondering if there is any way that the conviction can be removed, there is a possibility that it can be under a little known statute contained in the Texas Government Code. Not every conviction can be removed. The conviction also has to meet specific requirements to be eligible. But if you meet the requirements it can make a huge difference in your life. Imagine having a theft case removed from your record. Or better yet, if you were charged with an assault case and it was removed from your record. Still better yet, imagine if you had a drug paraphernalia case on your record and it was sealed from the public. This article is intended to assist those looking for creative ways to protect their criminal background record from public view in Texas. If you would like to discuss your case with our experienced team of paralegals and attorneys after reading this article, feel free to contact us at 214-321-4105.
Orders Of Nondisclosure In Texas
The most typical situation our criminal defense lawyers in Texas see is when a person was arrested for class “c” misdemeanor and simply paid the fine to get out of jail. In Texas, if a fine was paid to be released from jail, then it becomes a permanent conviction on that person’s record unless a motion for new trial was filed within 10 days of the person being released. In most cases, the person does not realize the damage the conviction can cause until much later than 10 days. For example, when an employer does a background search months or years after the arrest occurred. So what does a person do if they did not file the motion for new trial within 10 days? Are they out of luck?
Luckily, the legislature understood that this situation could arise. That is why they allowed for orders of nondisclosures to be filed in these particular situations if the crime that was committed is not specifically excluded. The Texas Government Code allows for certain convictions to be “nondisclosed” to the public under these circumstances. First, the conviction must not be for any of the following crimes:
- Sec. 106.041, Alcoholic Beverage Code (Driving/Operating Watercraft Under the Influence of Alcohol By
Minor), - Sec. 49.04, Penal Code (Driving While Intoxicated),
- Sec. 49.05, Penal Code (Flying While Intoxicated),
- Sec. 49.06, Penal Code (Boating While Intoxicated),
- Sec. 49.065, Penal Code (Assembling or Operating an Amusement Ride While Intoxicated), or
- Chapter 71, Penal Code (Organized Crimes);
Next, the person must not have ever been convicted of a previous crime for the following:
- 19.02 (murder);
- 19.03 (capital murder);
- 20A.02 (trafficking of persons);
- 20A.03 (continuous trafficking of persons);
- 22.04 (injury to a child, elderly individual, or disabled individual);
- 22.041 (abandoning or endangering a child);
- 25.07 (violation of court orders or conditions of bond in a family violence, sexual assault or abuse,
- stalking, or trafficking case);
- 25.072 (repeated violation of certain court orders or conditions of bond in family violence, sexual
- assault or abuse, stalking, or trafficking case); or
- 42.072 (stalking); or
- any other offense involving family violence, as defined by Section 71.004, Family Code; and
The court did not make an affirmative finding that the offense for which the order of nondisclosure is requested
involved family violence, as defined by Section 71.004, Family Code.
Finally, the judge must determine that sealing the record is “in the interest of justice“. This term as the link outlines is discretionary upon the judge to determine what is and is not in the interest of justice.
Hire A Lawyer To Seal A Criminal Conviction On Your Record
If you meet the requirements listed above and would like to discuss whether or not a lawyer can seal your criminal conviction, feel free to call our experienced team of lawyers and paralegals at 214-321-4105. We look forward to serving you!
