Texas Expunction: Question & Answer

San Antonio Texas Expunction Lawyers

San Antonio Texas Notice of Non-Disclosure Lawyers

At Joyner + Joyner, P.C. we receive many questions related to the practice of criminal defense. Below is a frequently asked question regarding clearing a criminal record of past charges and the answer provided by our expunction lawyers.

Question: When I was 18, I was charged with a theft. The case was dismissed and I never got convicted or received deferred adjudication. I was wondering if this shows up on a background check or is my record clean? I’m really trying to get a job as a security guard and you can’t have anything on your record.

Answer: This is a question that the expunction lawyers at Joyner + Joyner, P.C. frequently receive. In short, even if a case has been dismissed or a not guilty verdict has been found, a person will still have that charge on his or her record. The first step is to discuss your particular case with an experienced expunction lawyer and determine whether an expunction is your best course of action.

In Texas, a dismissal or a not guilty verdict does not automatically result in a charge being completely cleared off of your record! After a case has been dismissed or a not guilty verdict has been found, an expunction is required to completely clear the arrest and charges off your permanent record. The time restraints for an expunction on a dismissal vary based on the nature of the charge and the outcome of the case. For example, you are entitled to an immediate expunction if you were found not guilty during a trial. However, the State of Texas has a statute of limitations in which it is able to re-file the charges on a case which it has previously dismissed. As a result, those cases which have been dismissed are not necessarily entitled to an immediate expunction unless the State agrees to waive further prosecution on the charge.

In order to determine whether an expunction is appropriate in your particular case, it is important to consult with an experienced expunction attorney. Our expunction lawyers conduct a comprehensive free case evaluation on each client to determine if and when an expunction may be filed. If an individual is not entitled to an expunction, we explain the reason why and explore whether a notice of non-disclosure is a more appropriate course of action.

A notice of non-disclosure is appropriate when an individual has successfully completed deferred adjudication on a criminal charge. Much like an expunction, a notice of non-disclosure, is a form of cleaning your criminal record. However, unlike an expunction, a notice of non-disclosure does not completely clear your record. A notice of non-disclosure cleans your record so that anyone who is not affiliated with a government agency cannot see that you were arrested on that particular charge. In other words, any law enforcement or government agency would still be able to see that you were arrested and charged with that particular criminal offense. However, the notice of non-disclosure will keep your arrest and history of charges off a background search conducted by the public. Even though a notice of non-disclosure is not a complete solution to clearing your criminal record it is still a better option than having your arrest record available to the public. Any job or application that is not affiliated with a government agency would not reveal your criminal record.

To learn more about whether an expunction or notice of non-disclosure is appropriate in your case contact the expunction lawyers at Joyner + Joyner, P.C. at (210) 722-9089. Our expunction attorneys represent clients in Bexar County and throughout the State of Texas.

Contact our expunction attorneys today and protect your rights!

For more information visit https://joynerlawfirm.com/expunctions/