EFFECTIVE DATE TO SEAL PROBATION RECORDS
Probation records can be sealed from public view under Texas’ new nondisclosure law.
The new law took effect on Sept. 1, 2015.
This means people who received regular probation can hide or seal those records from public view. This was impossible before Sept. 1, 2015.
The new law applies to offenses occurring on or after Sept. 1, 2015. Offenses occurring before that date in which the punishment was probation cannot seal these records.
A person charged with a crime who received probation could not seal the probation records in the past. Therefore, the offense remained permanently on his record. Before Sept. 1 2015, only people who received a punishment called deferred adjudication could seal these records. Now, however, people who receive regular probation as well as deferred adjudication can seal their records. This was unheard of a year ago. The law will help many thousands of people keep their records private.
This is a monumental change from the previous law. Thus, it will benefit many thousands of people in Harris County and throughout Texas.
SEAL PROBATION RECORDS: BENEFITS
People can and should take advantage of this law and seal their records before applying for their next job or apartment lease. These public records prevent too many people from finding good jobs and places to live. This problem can and should be solved. Thousands of people will be helped by having their probation records sealed from public view.
The law can be found in the Tex. Gov. Code 411.073.
A person who received probation is now eligible for a nondisclosure under the new law. Before the new law took effect on Sept. 1, 2015, probation cases could not be sealed. But under the present law they can now be sealed from public view.
YOU CAN SEAL PROBATION RECORDS IMMEDIATELY
Most offenses that can be sealed immediately. Therefore, the records can be sealed immediately after the probation period ends. This is similar to automatic nondisclosure.
Other offenses have a a waiting period of up to two years. Unlike in the past people who received probation could not seal their records at all. Now they can seal those records, even if jail time was imposed as part of the probation. Unfortunately, sealing similar records for offenses occurring before Sept. 1, 2015 remains impossible.
But for offenses occurring on or after this date, tens of thousands of people will benefit if they take advantage of the new law.
As with other types of nondisclosures under the new law, this is for first time offenders only. Past convictions (other than traffic tickets) will prevent people from sealing their records. Any prior conviction (not including a traffic ticket) will prevent him from the benefits of this new law. But for many thousands of others the law will be life changing.
For more information about sealing your criminal record, and a free background check, contact Andrew Williams an experienced Houston Criminal Defense Attorney who knows how to help you. Our office in Kingwood, Texas serves clients throughout Harris County, Montgomery County, Liberty County, and San Jacinto County.
