If you have ever wondered about the possibility of getting something from your past erased that has caused you embarrassment, don’t think all hope is lost. Especially if that something happens to be a charge on your criminal record. Knowing that future employers can look up your record and see mistakes from your past glaring back at them can be nerve-racking. It may even keep you from going after positions you are highly qualified for.
As criminal defense lawyer Henry Wade of The Wade Law Firm in Texas explains, it is possible to get a previous charge expunged from your public record. Following an expungement, all public records or references of your charge must be destroyed.
Expunging your record
The only way to get a charge expunged from your record in Texas is if you were found not guilty of the crime, warns Wade. If that’s the case, then you can file a petition with the courts to get the charge permanently erased. If your petition is granted, then from that point on you can rightfully deny ever having been arrested for a crime when it comes up on employment applications.
If your original court case was dismissed due to lack of evidence or for any other reason, then you will have to wait for the statue of limitations to run out before you can apply.
Order of non disclosure
If you were not acquitted of the charges in your case, then there is still an alternate route for you referred to as an Order of Non-Disclosure. As Mr. Wade explains, there are two possible scenarios in which this would apply to you:
- If you were placed on probation for the crime instead of being found guilty, then you can have your record sealed.
- If you received a deferred adjudication then you are also eligible for an order of non disclosure. A deferred adjudication is a plea bargain. It means that during the proceedings of your case, you deferred the finding of guilt and were ordered to complete a task for the court as opposed to jail time, like community service.
What’s the difference?
It may seem that expunging and obtaining an Order of Non-Disclosure are the same, but they do differ, assures Wade. If you qualify for getting a charge expunged, then it is completely erased from your record and cannot be held against you in future prosecutions. With an Order of Non-Disclosure however, your record is just sealed, not destroyed. So it is possible for law enforcement to reopen the record and present it against you in any future cases you are involved in.
Do I need a lawyer for this to take place?
Hiring a lawyer in either case is always beneficial to you for a number of reasons.
- Your lawyer will be able to obtain a copy of your record, review it with you and determine whether you are eligible for either expungement or an Order of Non-Disclosure.
- They will be able to make sure that everything is filed correctly so that request does not got dismissed due to small errors on the paperwork.
- A qualified lawyer will be able to handle questions from the district attorney on your behalf, and if need be, he can also argue your case in court.
What will it cost?
The process of getting your record sealed is not too costly and includes any lawyer fees and a court filing fee of around $300.
