Need Help Clearing Your Record?
The Martinez Law Firm can help!
Harris County, Texas law allows for individuals with certain types of criminal records to legally state that they were never charged and convicted for crimes that were previously on their record. Our attorneys at the Martinez Law Firm handle the following types of record clearing:
Expunction is generally defined as a type of petition filed by an individual who has a criminal record and desires that certain portions or the entirety of that record become sealed. If your expungement petition is successful, you can legally state that you were never arrested for or convicted of the crime(s) that were previously on your record that have been expunged.
According to Article 55.01 of the Texas Code of Criminal Procedure:
Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged
The Texas Department of Public Safety (DPS) has the right to deny any petition for expunction. Denials should be made only when the petitioner does not meet the criteria for expunction. Those criteria are as follows:
- If the person was tried, they must have also been acquitted, or convicted and then pardoned
- If the person was charged but that charge did not ultimately result in a conviction
These two general requirements have more specific sub-requirements that detail specific crimes, the role that probation could play and other pertinent factors. To learn more about qualifying for expunction, please speak with an attorney directly.
Motions for Non-Disclosure
Orders of non-disclosure are made available by Texas Government Code § 411.081.
Sec. 411.081. Criminal History Record Information:
Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection.
If you were convicted of a crime and you successfully completed a deferred adjudication (plea bargain agreement in which punishment is deferred awaiting the outcome of a probationary time period – if the individual successfully completes this agreement, charges are then dismissed), you can petition the courts to sign an order of non-disclosure. If your petition is successful, deferred adjudication case results and details could be blocked from public access.
At the firm we have ample experience and have helped many clients clear their criminal record and work towards a brighter future. Only certain types of offenses can be expunged or subject to non-disclosure orders. If you have questions about whether your criminal record can be cleared, we can answer your questions and get you started on the process if you are eligible.
Clear your record with the help of our Houston criminal attorneys!
With a felony or misdemeanor on your record available for future employers, landlords or educational institutions to access at any time, you could be facing certain inevitable hardships. Employers will often refuse to hire convicted felons. The same could hold true for certain places of residence and educational facilities. You don’t have to be subject to different treatment and criminal discrimination. Contact our Houston office today and let us begin working on your case today!