You probably know how greatly your life can be affected in the time that follows if you have been arrested. It’s affected even if you weren’t convicted. Having an arrest on your criminal record, regardless of the circumstances or the outcome, can hinder many aspects of your future. A conviction can make finding employment, renting an apartment, or obtaining certain professional licenses difficult. There is a way you can get certain crimes removed from your criminal record. Rosenthal Kalabus & Therrian is experienced in clearing criminal records so you can get a new start in life.

Expungement and Non-Disclosures of criminal records in Texas

With the ease of criminal background checks, keeping your criminal record clean is important. If you were arrested for a crime and that charge was later dismissed, you may be entitled to have your arrest record expunged. A court may order that your record not be disclosed if you were placed on deferred adjudication probation for that offense.

What is the difference between Expungement and Non-Disclosure?

An expungement destroys all records of your case and prevents them from being used against you in the future. An Order of Non-Disclosure effectively hides your record from the public by preventing law enforcement agencies from disclosing the offense. Certain government agencies can still access the information, which can be used against you in subsequent prosecutions.

Restricted Access to Juvenile Records

Certain criteria can place a child’s records under “restricted access.” Only criminal justice professionals will have access to the records if juvenile records are placed under restricted access. Should anyone else attempt to access the records, they will be told the records do not exist.

If you have questions about the status of your criminal record or want to attempt to have your record cleared, contact Rosenthal Kalabus & Therrian for a confidential consultation. We can determine whether or not your case qualifies to have your criminal records sealed or expunged.

Post-Conviction Applications for Writs of Habeas Corpus

An application for a writ of habeas corpus (WHC or “writ”) is a type of legal proceeding that allows a person convicted of a crime to challenge that conviction on the ground that there was a fundamental problem with the process by which they were convicted. A person is not limited by statute in the issues they raise. Some examples involve ineffective assistance of counsel at trial or in plea negotiations. Inaccurate or incomplete advice from your lawyer, judge, or even an assistant district attorney, an involuntary plea, or any other defects.

A post-conviction writ is also how claims or newly discovered evidence may be presented to a court. If a writ is granted, it can grant a new trial and reopen the case. In other words, it restores an accused person to where they were (legally speaking) before they were convicted. If a writ is granted, the person can insist on a new trial, renegotiate a plea, or request a dismissal.

Post-conviction writ applications are legally complex. Generally speaking, claimants waive and bar future consideration of claims not presented in a writ application. It is very difficult to file successive or subsequent writs successfully. For this reason, you must consult with a qualified lawyer to review the record, the filings, the transcript, and your client file with your lawyer, and perhaps interview witnesses before a decision is made to file an application for a writ of habeas corpus.

Call Us For A Confidential Consultation

At Rosenthal Kalabus & Therrian, our attorneys have successfully obtained writs of habeas corpus for multiple clients. That resulted in the grant of a new trial, sometimes years after conviction. We have reduced or dismissed the charge outright in every case where we have obtained a new trial successfully. We file these writ applications infrequently and only where we believe the client has a genuine legal issue that may result in the issuance of a writ. If you believe your case may benefit from review, don’t hesitate to contact us to schedule a consultation.