McKinney Expunction Lawyers
Attorneys for Criminal Record Expunction and Nondisclosure in McKinney, TX
A criminal record can follow a person for years and affect their life in many ways. Even if a person was able to avoid a conviction, records related to their arrest, the accusations against them, and other issues involved in their case may be visible in background checks. Taking steps to clear a criminal record can help a person avoid ongoing problems, and it can give them the fresh start they need.
At Texas Defense Firm, our lawyers can provide legal help with expunction, making sure certain types of information will be erased from a person's record. For those who may not be eligible for expunction, we can assist with requests for nondisclosure, which can seal certain records from public view. Our goal is to help clients avoid the long-term issues that a criminal record can cause so that they can put these matters behind them and move forward with their lives.
How a Criminal Record Can Affect a Person's Life
Arrest records, court records, and information about criminal convictions are often accessible to employers or landlords unless a person takes specific legal steps to have those records cleared or sealed. This can lead to obstacles when applying for jobs, seeking housing, pursuing certain professional licenses, or even volunteering for community organizations that require a background check.
Taking steps to clear a criminal record can help a person avoid issues that could affect their life and their future. An expunction or nondisclosure may help a person move forward without the burden of records that may be based on things that happened years in the past. By removing records or preventing them from being accessed by certain parties, a person can receive a fresh start and move forward.
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When Expunction May Be Available
Expunction will result in the destruction of records related to an arrest. When an expunction is granted, a person can behave as if a criminal case never occurred. Expunction may be available in situations where a person was arrested but was never formally charged, where charges were filed but later dismissed, or where a person was acquitted at trial. It may also be possible to expunge criminal records following a pardon.
Waiting periods will typically be required before a person will be eligible to file for expunction. In cases involving Class C misdemeanor charges, the waiting period is six months. For other types of misdemeanors, the waiting period is one year. For felony charges, the waiting period is three years.
Expunction is generally not available for cases that resulted in criminal convictions. However, a person who was charged with a Class C misdemeanor and received a deferred adjudication may be eligible for expunction.
Orders of Nondisclosure
When expunction is not available, an order of nondisclosure may provide a person with relief instead. Rather than destroying criminal records entirely, nondisclosure will restrict access to records. Most private employers, landlords, and other people will not be able to access records through background checks. Certain government agencies and licensing boards may still be able to view sealed records.
Nondisclosure may be available for certain types of convictions or charges that were dismissed after completing deferred adjudication. For most misdemeanor charges, a person may be eligible to petition for nondisclosure immediately after completing a sentence or deferred adjudication. Other types of misdemeanors may have a two-year waiting period. Felonies will typically have a five-year waiting period. A person will not be eligible for nondisclosure if they have ever been convicted of or received deferred adjudication for certain offenses, including sex crimes that would require sex offender registration, homicide, aggravated kidnapping, human trafficking, injury to a child, stalking, or domestic violence offenses.
Requesting Expunction or Nondisclosure
Once a person confirms that they are eligible for expunction or nondisclosure, they can file a petition with the appropriate court, which will typically be the court that originally handled the criminal case. They must also notify government agencies that may hold records related to the case, including local police departments or sheriff's offices, the Texas Department of Public Safety, and any other agency involved in the original arrest or prosecution.
After the petition is filed, the court will schedule a hearing, during which a judge will review the request and any objections raised by law enforcement agencies or prosecutors. If the judge grants the petition, an order will be issued directing the relevant agencies to either destroy the records or restrict access to them.
Legal Help With the Expungement or Record Sealing Process
Our attorneys can work with clients to review their criminal history and determine whether expunction, nondisclosure, or other options may be available. We will prepare petitions and supporting documentation and make sure all information is filed correctly with courts and law enforcement agencies. We will provide representation during hearings, advocating for solutions that will provide our clients with the fresh start they deserve.
Throughout the process, our lawyers will take steps to address any objections to expunction or nondisclosure raised by prosecutors or law enforcement officials. After a request is granted, we can follow up with relevant agencies to confirm that records have been properly destroyed or sealed. Our goal is to make the process as simple and straightforward as possible for our clients so that they can avoid problems related to criminal records going forward.
Contact Our McKinney, Texas Expunction and Nondisclosure Lawyers
A criminal record does not have to define your future. By understanding the options available for addressing the records involved in a criminal case, you can avoid issues that could affect your employment and other areas of your life. At Texas Defense Firm, our lawyers can help you determine what steps to take to have your records expunged or sealed. We will stand by your side throughout the legal process and make sure you follow the correct procedures while advocating for the fresh start you need. Contact our McKinney criminal record expunction and nondisclosure lawyers at 972-369-0577 to schedule your free consultation.
