Expunctions & Nondisclosures
A criminal record can take the most devastating toll on your future. It can destroy everything you’ve worked for and the goals you hoped to accomplish, making it incredibly difficult to move on with your life. Whenever a potential loan officer, school, employer or apartment rental agency pulls your background information, your record will appear.
Texas law, however, permits convicted individuals to seal or erase their records if they meet certain qualifications. Paige McCormick has served clients all throughout Demton and the greater North Texas area, helping them pursue these expunctions or nondisclosures and get on with their lives.
Expunction, or expungement as it is also referred to, is the complete elimination of a criminal record. With an expungement all information associated with your arrest is destroyed, allowing you to legally deny you were ever arrested in the first place.
Expunction naturally has firm requirements and qualifications. You may only be capable of clearing your record if you were pardoned by the governor, found not guilty, found guilty but later overturned, or if the charges against you were dismissed.
Pursuing an Order of Nondisclosure
A nondisclosure seals your criminal records from public access. While it does not erase the information or arrest, it does prohibit their release to private creditors, landlords, employers and more. You may qualify for a nondisclosure if you successfully fulfilled your deferred adjudication probation. Certain law enforcement and government officials will retain access to your criminal information, but you are given the right to legally deny you were accused of the crime.
New Texas Non-Disclosure Laws Concerning DWIs
One significant change to Texas Laws regarding the sealing of criminal records is Texas HB 3016. As of September 1, 2017, first-time DWI offenders may be eligible to petition for their criminal records related to this offense to be sealed under an order of non-disclosure.
Keep in mind that an order of non-disclosure will prevent you from having to reveal your conviction to potential employers, landlords, or anyone else who runs a criminal background check, with a few exceptions. Your DWI, if sealed under this new law, will still be revealed to police officers and any government employers. While this is not as strong as expungement, it’s still a great option for those in Texas who have a single DWI on their record they’d like to do something about.
There are a few key stipulations to eligibility for petitioning to have your DWI offense sealed under Texas HB 3016. These are as follows:
- Your BAC in relation to this offense cannot have been any higher than 0.15.
- You have no other convictions on your record at all. The only exception here would be minor traffic violations where there was no drugs or alcohol involved.
- Any court-mandated periods of service or confinement have been completed.
- All court-mandated restitution, fines, and other costs have been paid.
- The required waiting period as stipulated by Texas HB 3016 has been completed.
The waiting period to petition to have your DWI sealed can either be the standard of 5 years or a reduced waiting period of 2 years. Anyone who has completed a 6-month period with an ignition-restriction device on their vehicle as well as at least 6 months of all other court-ordered conditions or confinement may be eligible to petition in just two years.
If you did not have an ignition restriction device installed on your vehicle as part of your court-ordered punishment for your DWI, or if you did not complete at least a six-month period with it installed, you will likely have to wait the full 5 years to petition. If you live in Denton, Texas or the surrounding area and have questions about Texas HB 3016, whether or not you are eligible, or how long you’d have to wait, we can help.
Find Out Your Eligibility in Minutes
Need to seek an expunction or an order of nondisclosure? Call today for a free consultation with the office of Paige McCormick in Denton, Texas. She will discuss the eligibility of your situation and guide you through the process of expunction or nondisclosure if you qualify. With her knowledge and experience, you can rest assured you will have the most favorable outcome possible.
Call Paige Directly at her Denton, TX office at (940) 591-7988 or contact her online to request a free consultation.