Do You Need Post Conviction Relief Houston?
Looney, Smith & Conrad, Post Conviction Relief Houston
Since 1995 criminal defense lawyer Paul Looney litigated
60 criminal jury trials with Zero Final Convictions
Clearing a Texas Criminal Record
More than 80 percent of employers, landlords, and credit agencies conducting criminal background checks. Having a clean record makes a difference during job searches and may be the key to a better paying job. A clean record can mean better job opportunities and a better quality of life. Call post conviction relief Houston lawyers today for a free consultation: 281-597-8818 or text 405-388-6191.
In Texas, there are several ways a person can clean up a criminal record. Particularly, this includes offers setting aside convictions, petitions for nondisclosure and expungement.
Post Conviction Relief Options
Setting Aside a Conviction
Setting aside occurs when a judge annuls or cancels a court order or judgment made previously. When a criminal conviction is set aside, the person is considered not to have been previously convicted. However, sex offender registration requirements may still apply.
Petitions for Nondisclosure
When a person successfully completes deferred adjudication, he or she becomes eligible to file a petition for nondisclosure. Because deferred adjudication records are public record, they are not automatically removed from a defendant’s criminal history on successful conclusion of the community supervision (probation) period.
Unless there is a court order directing otherwise, records of a deferred adjudication are publicly available in the District or County Clerk’s records. Also the Texas Crime Information Center database maintained by the Texas Department of Public Safety. Likewise, the National Crime Information Center maintained by the Department of Justice. Records become part of the defendant’s permanent record. The arrest, court proceedings and probation record will all appear on a criminal background check.
In addition, records of the arrest, investigation and jailing are on file with the investigating agency. That is the agency that jailed or processed the defendant upon arrest. Also includes the magistrate who set bond and conducted the initial appearance.
A petition for nondisclosure, when granted, seals these records and removes them from all public databases. The records still exist for law enforcement, state licensing, and similar, limited uses. For all other purposes, the defendant is allowed to deny that the arrest and prosecution ever occurred. Anyone improperly releasing sealed records is themselves committing a criminal offense. While the law does not provide for expunction of deferred adjudication records, nondisclosure provides almost all of the same benefits.
Expungement means the court orders destruction of all records of both the arrest and prosecution of a criminal case. Under Texas law, a person is allowed expunction of an arrest if it did not end in a conviction. Also, it could not have ended in some type of community supervision.
A person can also expunge class C misdemeanors if it terminated in a successful completion of a deferred adjudication. Then, it’s against Texas law to use or disclose the existence of expunged records by any entity for any purpose.
The person with the expunged records can deny the arrest and prosecution and even the expunction order itself. This is unless being questioned under oath in a criminal court (in which case they need only respond that the matter has been expunged). They can even deny the case ever occurred when applying for government and law enforcement jobs.
Expunction proceedings are complex and simple mistakes can start the process over again. Post conviction relief Houston can write letters to potential employers. This will inform them the case is scheduled for expunction or non-disclosure and will soon have the person’s record cleared.
For assistance, contact the post conviction relief Houston lawyers at Looney, Smith & Conrad, P.C. at 281-597-8818 or 979-826-8484.
Call today for Post Conviction Relief Houston Lawyer Near Me. Our attorneys are available 24 hours a day, 7 days a week for a free, no-obligation case evaluation.
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