If you have previously been charged with a criminal offense in Dallas and it is preventing you from applying to certain jobs, professions, or educational opportunities, you may want to find an attorney that handles Record Sealing / Expunging your criminal record.
Depending on the type of offense you committed or whether you were convicted of a criminal offense, you may be eligible to either seal or expunge your criminal record. Sealing a criminal record hides the record from the public, such as potential employers or schools, but certain law enforcement agencies may still be able to access the record. An expunged criminal record is completely destroyed and is basically treated as if the offense never occurred.
The Texas Department of Public Safety is permitted to oppose any petition for expunction if all elements to the application are not satisfied or if the individual was not eligible. Therefore, it is essential to hire an experienced criminal defense lawyer to help you determine if you are eligible to expunge or seal your criminal record and to ensure sure your petition is not rejected.
Record Sealing Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged with a criminal offense and want to seal or expunge your criminal record in Dallas, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Texas Criminal Record Expungement
According to section 55.01 of the Texas Code of Criminal Procedure, individuals who have been charged with certain criminal offenses are eligible to expunge their criminal record. However, anyone who has been convicted of a criminal offense will not be eligible to have their criminal record expunged. In order to make their criminal record inaccessible to the public, they will have to have their record sealed or request a non-disclosure order.
Expunging a criminal record would effectively delete the criminal offense the individual is seeking an expunction for. A criminal record expunction is available for individuals who have been:
- Charged with an offense, but were later acquitted;
- Wrongfully accused of a criminal offense; or
- Charged with an offense, but the charges were later dismissed.
An individual who is eligible to have their criminal record expunged must follow certain procedural steps when filing the petition to have the record expunged, including providing the following information in their petition for expunction:
- All verifying information, such as name, sex, race, date of birth, driver’s license number, social security number, and address at the time of their arrest;
- The offense they were charged with;
- The date they were arrested;
- The county or municipality where they were arrested;
- The arresting agency;
- The case number and court where the offense took place; and
- Any law enforcement agency that may have information about the offense and any criminal records or files pertaining to the petitioner.
According to section 55.02 of the Texas Code of Criminal Procedure, the court is required to expunge an eligible individual’s criminal record if they request an expunction within 30 days of an acquittal of their criminal charges.
Non-Disclosure of a Criminal Record in Dallas
Anyone who has been placed on deferred adjudication through probation or community supervision in Dallas will likely be able to conceal their criminal record by sealing it or requesting an order of non-disclosure under section 411.081 of the Texas Government Code.
If an individual has been placed on deferred adjudication and subsequently receives a discharge or a dismissal of their criminal charges, they are eligible to petition for nondisclosure and have their criminal record sealed.
After an individual has had their criminal record sealed, they do not have to disclose they were involved in any criminal proceeding on any application for employment, application for licensing or application for educational admissions.
Dallas Non-Disclosure Eligibility
A felony offender may be eligible to petition for a non-disclosure of their criminal record five years after completing their deferred adjudication probation or community supervision.
A misdemeanor offender may be eligible to request a non-disclosure immediately after they complete a period of deferred adjudication community supervision. In other cases, a misdemeanor offender will be required to wait a period of two years before filing a petition for non-disclosure. Offenses requiring a two-year waiting period can include but are not limited to assault, harassment, indecent exposure, unlawful carrying of a weapon, or unlawful possession of a firearm.
An individual will not be eligible to file a petition for non-disclosure if they have been charged with certain offenses that include, but are not limited to:
- Sexual Assault
- Aggravated Sexual Assault
- Indecency with a Child
- Capital Murder
- Family Violence offenses
- Violation of a Protection Order
- Aggravated Kidnapping
Effect of Expunging a Criminal Record in Dallas
The benefits of Record Sealing / Expunging a criminal record in Dallas can include the record will no longer be publicly available upon sealing or expunction, potential employers will not be able to find or discover their criminal record, and their criminal record will not be accessed by the college or graduate school admissions departments, and agencies providing public housing, benefits or financial aid will not be able to access their criminal records.
An individual who has had their criminal arrest record or criminal history expunged in Dallas will be able to deny they were ever arrested for a criminal offense on the job, housing, or school applications. Additionally, governmental and law enforcement agencies in Texas will most likely be unable to access the criminal record unless it is for a necessary governmental purpose.
When a criminal record is sealed, it provides less ability to deny an arrest ever occurred, but in many cases, the individual may be able to deny they were arrested on job applications or educational applications. However, government and law enforcement agencies will still be able to access the records.
Dallas Resources for Sealing a Criminal Record
Texas Constitution and Statutes – Code of Criminal Procedure – Chapter 55 of the Texas Code of Criminal Procedure defines criminal record expungement in Texas, including eligibility, procedure and effect of expunction.
Texas Constitution and Statutes – Criminal Record Sealing – Chapter 411 of the Texas Government Code defines criminal record sealing, or non-disclosure, in Texas, including procedure, eligibility and offenses not eligible for criminal record sealing.
Texas Department of Public Safety – Criminal Records Service – This website provides information on criminal record sealing and expunction throughout Texas. The Texas DPS maintains criminal records throughout the state and is permitted to deny any request for expunction. A local DPS office is located at:
Dallas East DPS Office114411 E. Northwest Highway
Dallas, Texas 75218
Phone: (214) 553-0033
Find A Dallas County Defense Attorney for Record Sealing / Expunging Attorney | Law Offices of Richard C. McConathy
Contact us today for a consultation about Record Sealing / Expunging your criminal record throughout Dallas County in Texas. Richard McConathy is an experienced Dallas criminal attorney who will make every effort to help you seal or expunge your criminal record.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.