Mistakes in life happen every day. In some cases, those mistakes involve criminal charges. Having a criminal charge on your record can have negative effects on your future in many ways. Future employers, financial institutions, schools, landlords, and even potential dates can easily access your record online and can make judgments and choices about you based on what they find. It is possible to have your record cleared in some cases and it's worth contacting an attorney to find out if you might be eligible for expunction or nondisclosure of your record.
When you have a criminal charge on your record and get it cleared completely it is called an expunction. If you are eligible for expunction, your record will be completely cleared of any DPS records, booking photos, arrest records, fingerprints and all other information related to the arrest. From that point forward, you are able to completely deny that the arrest ever happened. Once your record is expunged, anyone who completes a background check will find a clean record and you will be safe from the negative consequences that come from having a criminal record.
You may be eligible to get your record cleared if your charge falls under certain circumstances. If you have been found guilty and convicted of a crime, you are not able to have this erased from your record. For example, if you are arrested and the case is never filed you may be eligible for an expunction. If you were found "not guilty" in a trial or if the case was "no-billed" or dismissed you are a good candidate for getting your record cleared. "No-billed" is when the case is not referred for criminal trial similar to the case being dismissed.
Identity theft happens often in our culture today and sometimes crimes are committed by someone using a false identity. If you are a victim of identity theft and a crime was committed under your name, you are highly likely to get an expunction of your record. In some rare cases the President of the United States or the Governor of Texas can grant a pardon to someone who then can be eligible for their record to be made a clean slate through expunction.
When an individual has completed a deferred adjudication program, also known as probation, they may not be eligible for expunction but instead may be eligible to receive a nondisclosure order. This happens when the probation requirements are met and they receive a discharge and dismissal of the deferred adjudication. In the case of a nondisclosure order the records are not completely erased but instead are removed from public record and are inaccessible to certain private parties. Certain government agencies are still able to access the files in a nondisclosure situation, but private agencies will not be able to access the records preventing negative results from background checks by such people as employers, dates or landlords.
The best way to tackle the complicated world of expunction and nondisclosures is to hire a criminal defense attorney who has the knowledge and experience to get the process done right. From beginning to end, the process can take several months so hiring an attorney to help you right away is the best move to get your record properly cleared as quickly as possible. Whether you are able to qualify to have your record completely expunged or if you are just able to get a nondisclosure order passed, either situation will no doubt benefit you in a positive way and give you the fresh start you need after a challenging experience.
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