SEAL CRIMINAL RECORDS BEFORE APPLYING FOR A JOB

HIDE CRIMINAL RECORDS BEFORE APPLYING FOR A NEW JOB

Hide criminal records before applying for your next job. Too many people miss out on good jobs because of their past criminal records. Even criminal records from many years ago can cause problems. Hide criminal records legally before applying for your next job. You can seal felony as well as misdemeanor records from the public. People have a better chance at a fresh start if they seal their past criminal records from potential employers.

STANDARD DEFERRED NON-DISCLOSURE

Thousands of people are already eligible hide criminal records using this method. The law is found in Tex. Gov. Code 411.0725. It applies to offenses occurring either before or after Sept. 1, 2015. Other parts of the new non-disclosure law only apply to offenses occurring after Sept. 1, 2015.

REQUIREMENTS TO LEGALLY HIDE CRIMINAL RECORDS:

• Complete the deferred period.
• Receive a discharge and dismissal from the court.
• Wait the required time period. This time period varies by offense.
• File a petition in the proper court.
• Pay the filing fee and get a hearing date.
• Notify the district attorney’s office of the request.

Thousands of people can seal criminal records by this method. This includes even people with past felony convictions.

Many offenses have no waiting period and can be sealed immediately upon completing the deferred period. Examples of offenses with no waiting period are: theft, possession of marijuana, shoplifting, criminal trespass, drug possession and many others. These records can be sealed immediately after the deferred period is completed.

Other misdemeanors have a two year waiting period from the date of dismissal of the deferred. Felonies have a five year waiting period.

This law applies to offenses occurring either before or after Sept. 1, 2015. Therefore, if a person was discharged from a felony deferred more than five years ago, he can have his criminal records sealed immediately. This is because the five year waiting period has already passed.

Not all criminal records can be sealed. Offenses that cannot be sealed are: sex offender registration type offenses, murder, kidnapping, intoxication offenses like DWI and offenses involving family violence among others. However, there are many, many offenses that can be and should be sealed.

Additionally, you do not have to reveal this information to a potential employer.

CAN YOU SEAL YOUR CRIMINAL RECORD?

At this point you may be wondering if you are eligible to have your records sealed.

In fact, you may qualify for either of two potential types of record sealing in Texas depending on the type of charge/case involved: expungement, in which your criminal record is completely eliminated, or an order of non disclosure, in which your criminal records are sealed from the public but still exist and are accessible to police and for other government purposes.

Expungement, or expunction, is obviously most desirable, since record of the crime is wiped entirely clean; however, the requirements are more difficult to meet. You will only be eligible for expunction if you meet one of the following conditions:

• You were charged but your case was dismissed
• You went to trial and were acquitted/found not guilty
• A grand jury “no-billed” your case, meaning that you were charged with a felony but there was not enough evidence to indict
• You were pardoned by the governor of Texas (this is very rare)

If you qualify for record expunction in Texas, the process is fairly straightforward and can be achieved with help from a criminal defense attorney. And even if your record is not eligible to be expunged, obtaining an order of non-disclosure offers many of the same benefits.

WHAT IS AN ORDER OF NON-DISCLOSURE IN TEXAS?

An order of non-disclosure is a document that prohibits your criminal record from being shared with or accessible to the public for employment background checks, loan or mortgage applications, and other similar purposes.

While it allows you to obtain a job, housing, and other necessities without fear of discrimination due to a criminal record, it does not eliminate that record entirely. That means that in the context of police checks and priors, your record will still be visible.

To obtain an order of non-disclosure, you must meet the following requirements and in certain cases wait a specified amount of time:

• You must have been placed on deferred adjudication probation and successfully completed the terms, including paying any fines.
• Regardless of the offense for which you are obtaining a non-disclosure order, you cannot have certain types of offenses on your criminal record such as family and domestic violence cases, murder, aggravated kidnapping, crimes against children, stalking, and sex crimes. These types of offenses are ineligible for sealing via an order of non-disclosure.
• You must have completed the waiting period specified in the Texas Penal Code for the type of crime in question. For felonies eligible for discharge or dismissal you must wait five years after completion of probation. For certain eligible misdemeanors, you must wait two years, while for others there is no waiting period at all.
• You must avoid conviction of or deferred adjudication for any additional crimes before the offense in question is discharged or dismissed.

HOW TO SEAL YOUR CRIMINAL RECORDS IN TEXAS

Once you have determined that you are eligible to have your criminal record expunged or sealed, how do you proceed? To seal/clear your record through expunction, you must file a petition with the civil court to have your record destroyed.

In most cases, if you meet the requirements, your record will be expunged immediately; however in certain cases you may have to wait until the statute of limitations for that particular crime expires. You may also have to pay a fee.

To seal your record through an order of non-disclosure, you must apply through the same court that heard your case—the forms are available through the Texas Judicial Branch. You’ll have to provide evidence that you completed all the necessary requirements, including paid all fees.

Once your petition is submitted and the court approves the order of non-disclosure, it can take up to 25 days for the offense to be officially sealed and for the proper agencies to be notified.

CONTACT A KINGWOOD TEXAS CRIMINAL DEFENSE ATTORNEY

If you are pursuing a new job and need to clear your criminal record to increase your chances of being employed, you need the help of an experienced attorney. Andrew Williams, a Kingwood Texas Criminal Defense Attorney has over 15 years of experience helping people like you gain a fresh start. He’s knowledgeable of the new legal opportunities for clearing a criminal record and can put that knowledge to work for you.

Serving clients in Kingwood, Texas, and throughout Harris County, Montgomery County, Liberty County, and San Jacinto County. Contact him today at 281-358-9111 for a free initial consultation.

Author: Andrew Williams

I am a criminal defense lawyer with over 30 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.