If you are arrested here in Texas, even if you ultimately earn an acquittal, a judge dismisses the charges or the prosecution decides not to charge you, the arrest will remain on your record. That means private companies that perform background checks can still find a record of the arrest if you are trying to find work or housing. For some, there may be two options available to you to receive a clean slate: an expunction or an order of nondisclosure. In Collin County, Keith Gore, Lawyer, can help you determine if these options are available to you and guide you through the process of getting the fresh start you deserve.
Who Qualifies For An Expunction?
To receive an expunction, you cannot have been convicted of the crime for which you were arrested. You must receive an acquittal, charge dismissal or never be charged for the crime. If you were arrested on a felony charge, you must wait for the statute of limitations for that crime to expire before you can apply with one exception: if the police arrested you without probable cause. If that happened, Keith Gore can fight to petition the court for the expunction you deserve.
If a judge grants your expunction, the Texas Department of Public Safety must destroy the record of your arrest. That means it will no longer be available to outside companies that perform background checks, and you can legally say on a job application that you have never been arrested or convicted of a crime.
Receiving An Order Of Nondisclosure Of Criminal Records
An order of nondisclosure is typically available to people who complete a deferred adjudication probation, such as for marijuana possession and most other misdemeanors and felonies. An order of nondisclosure will not destroy the record of your arrest and deferred adjudication, but the state will not be able to release that information to private parties and the general public. If you are arrested again, however, the state can use the prior arrest against you.
Get The Second Chance You Deserve
The courts do not hand out expunctions and nondisclosure orders easily. You must ensure you complete every step of the process correctly. Working with an experienced criminal defense attorney is necessary. Keith Gore will be by your side the entire time to advocate for your interests and guide you through the process.
To learn more, schedule a consultation with Keith Gore by calling his office in McKinney, Texas, at 972-924-5665.