NON-DISCLOSURE - SEALING YOUR RECORD
Applying for a job?
Mugshot splashed across the Internet?
Need to hide your criminal record?
You made a mistake in your past that haunts you now that you are applying for a job, applying for housing, and is a big embarrassment. Until 2017, it was only possible to seal records of certain deferred adjudications - called "non-disclosure."
Texas Law recently changed to help by sealing many
non-violent records, including first DWIs!
Now, even misdemeanor offenses for which you didn't receive deferred adjudication may be eligible to be sealed - even if you received a sentence for regular probation or jail time and even if it happened years ago.
A "non-disclosure" does not destroy your criminal record, but seals it from public view. You would legally be allowed to deny the existence of your criminal record in any application for employment, information, or licensing to the state.
You may qualify for a Non-Disclosure if you received:
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Deferred Adjudication for a misdemeanor -
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immediately eligible after probation for certain offenses
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eligible 2 years after probation is successfully completed if certain more serious offenses (other than Assault, Family Violence)
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Deferred Adjudication for a felony - eligible 5 years after probation is successfully completed if not for certain serious or violent offenses.
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DWI (1st Offense)
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Probation sentence - eligible 2 years after probation is successfully completed if you were ordered to complete 6 months with an interlock device on your vehicle; 5 years from probation completion if no interlock device.
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Jail sentence - eligible 3 years after probation is successfully completed if you were ordered to complete 6 months with an interlock device on your vehicle; 5 years from probation completion if no interlock device.
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Misdemeanor Conviction (not a DWI, alcohol, criminal combination, sexual, or violent offenses)
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Probation sentence - immediately eligible after probation is successfully completed for certain offenses
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Probation sentence - eligible 2 years after probation is successfully completed for certain more serious offenses
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Conviction with Jail - eligible 2 years after sentence is completed, including payment of any fines, fees, and restitution
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Conviction for fine-only offense (Class C) - immediately upon paying the fine
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Human Trafficking Victim - Conviction with probation for certain offenses
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Veterans Treatment Court program - eligible for certain offenses
Call or email immediately for a Free Consultation.
There are exceptions and qualifications -
an experienced attorney will check your eligibility.
Many of the new laws do not guarantee non-disclosure just because your are eligible - it requires that we convince the Judge that sealing your record is "in the best interests of justice." Have an attorney by your side to ensure the Judge is persuaded to seal your record.
Also note that the law does not seal your record from government agencies, law enforcement, state licensing authorities, and public sector employers. Talk to an experienced attorney regarding those exceptions.
Shannon Flanigan is experienced in filing non-disclosure petitions and ensuring your criminal record is not visible. He will answer all your question about whether you qualify and how sealing your record helps you.
Complete this form to find out if you qualify to have your record sealed.
Having a copy of your court paperwork is helpful - obtain it from the court first if you can.
