The procedures for expunction and nondisclosure are complex.
The Law Offices of Martin J. Rubin has successfully finalized numerous expunctions and nondisclosures in Dallas County, Collin
County, Tarrant County and other surrounding counties. If you have been found guilty by a judge or jury you are ineligible
for expunction or nondisclosure. You are excluded if you have been convicted and you were sent to jail or the penitentiary.
You are excluded if your deferred adjudication was adjudicated. If your were found not guilty, if your case was dismissed
or if your case was reduced to a class C misdemeanor you may be eligible for one of these procedures. Please call us or email
for us for assistance.
Why should you clear your criminal history?
DENIAL of a job opportunity
DENIAL
of an apartment
DENIAL
of a loan
DENIAL of a license to practice your desired profession or vocation
DENIAL of your request to do volunteer work with your children
Expunction
Chapter 55 of the Texas Code of Criminal Procedure contains provisions for the expunction
of arrest records, court records and criminal history record information. The statute specifically details the requirements
and procedures to properly expunge records in Texas.
Nondisclosure
Texas Government Code
Section 411.081 allows an individual who has successfully completed deferred adjudication community supervision to petition
the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal
justice agencies from disclosing to the public criminal history record information related to an offense.
Criminal history record information subject to an order of nondisclosure
is excepted from required disclosure under the Public Information Act. Criminal justice agencies are permitted to release
criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized noncriminal
justice agencies and the individual who is the subject of the criminal history record information.
YOU MAY DENY THE
CRIME
Article 55.03 of
the Code of Criminal Procedure provides that when the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any
purpose is prohibited;
(2) except as provided
in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction
order; and
(3) the person arrested or any other
person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may
state only that the matter in question has been expunged.
The Texas Government Code provides that a person whose criminal history record information has been
sealed under the nondisclosure procedure is not required in any application for employment, information, or licensing to state
that the person has been the subject of any criminal proceeding related to the information that is the subject of an order
issued under this section.
Cases for DUI, MIC and MIP
relating to alcohol offenses can also be expunged.
In order for you to be eligible you can have only 1 conviction or deferred disposition and you must be 21 years
of age or older. The expungement is supposed to be filed in the court where the case was handled.
Many municipal courts do not understand the process of expungement and therefore the petition can
possibly be filed in the county district court.
