Clearing Your Record in a Houston Criminal Case > FAQ re Expunctions and Non-Disclosures | Houston Criminal Defense Attorneys at The Haggard Law Firm
How can I clear my record?
1. If you receive probation
It’s a final conviction and there is nothing an attorney can do to clear your record.
2. If you receive deferred adjudication…
You may in some cases be able to have your record sealed through a Non-Disclosure Order under Section 411 of the Government Code. Not all types of cases are eligible for sealing through a Non-Disclosure Order and of those that are eligible, some require a waiting period of 5 to 10 years after the successful completion of deferred adjudication. Further, there must be no new charges or arrests between the completion of the subject deferred adjudication and the time of the filing of the Petition for Non-Disclosure, which further must be properly presented to be eligible.
An Order of Non-Disclosure prevents the public (i.e., employers, apartment property managers, etc.) from finding out about your deferred adjudication and thus can serve many of the same purposes as an expunction. Unlike an expunction, however, which totally erases all paper and computerized references to a charge, the records of your deferred adjudication remain in existence and available to law enforcement and prosecution.
A case dismissed after deferred adjudication is not eligible for an expunction.
3. If you receive a dismissal…
You may be eligible for an expunction. Most cases dismissed due to lack of probable cause are entitled to expunction. Contact a qualified attorney.
4. If you receive a not guilty verdict
You have the right to an expunction; in most cases after a Not Guilty verdict Mr. Haggard initiates the expunction process immediately after the verdict is received in the courtroom.
~The Haggard Law Firm accepts selected criminal defense cases in Harris, Fort Bend, Galveston, Brazoria, Montgomery, Matagorda and surrounding Texas counties. Affordable representation; payment plans arranged in some cases. We represent clients in all Misdemeanor Courts, Felony Courts, Juvenile Court and Federal Court.~
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