F.A.Q.
Criminal Record FAQs
What exactly is my criminal record?
Wouldn't it be easier to use an online service instead of hiring a lawyer?
What are my options when it comes to my criminal record?
Is there a chance that I'm not eligible for non-disclosure or expunction under any circumstance?
After successfully having my criminal record sealed, can I deny ever being arrested?
Adult Non-Disclosure FAQs
How do I get my record sealed?
What is deferred adjudication probation?
What information does my lawyer need to successfully seal my record?
How long must I wait after I complete my deferred adjudication probation to file for non-disclosure?
After I am granted non-disclosure, who has access to my record?
How do I start the process of sealing my criminal record?
Juvenile Record Sealing FAQs
Who is considered a juvenile?
Can all juveniles have their criminal records sealed?
Must a juvenile be sentenced to deferred adjudication probation to seal his or her criminal record?
After successfully having my juvenile criminal record sealed, can I deny ever being arrested?
How do I start the process of sealing a juvenile criminal record?
Expunction FAQs
What is criminal record expunction?
Am I eligible to have my criminal record expunged?
After successfully having my criminal record expunged, can I deny ever being arrested?
How do I get more information and start the process of getting my criminal record expunged?
Criminal Records
What exactly is my criminal record?
Your criminal record, popularly
known as your "rap sheet," refers to a list of all of
an individual's arrests and subsequent legal ramifications. The United States
and the State of Texas have agencies
that maintain a database of an individual's arrests, prosecutions,
and/or convictions. Subsequent background checks will reveal your
criminal record, limiting the opportunities available to you throughout
your lifetime. But you can take several steps, such as
filing for non-disclosure or expungement to limit what
other people can find out about you.
Wouldn't it be easier to use an online service instead of hiring a
lawyer?
Website services may be able to
offer you a form to fill in the blanks, but you need a lawyer to actually assist you in the process. It is
just as important to have an attorney during this process as it was when you were first
charged. There are many details and nuances in getting
your
record sealed or expunged, and having an attorney on your side is a powerful
aid in getting it all squared away.
What
are my options when it comes to my criminal record?
There are three ways to keep your
criminal record private:
- Expunction: The total destruction of your criminal record.
- Non-disclosure: Your criminal record continues to exist, but only specific governmental agencies have accesses to it.
- Sealing Juvenile Records: Your records from juvenile arrests and some convictions can be completely destroyed.
Is there a chance that I'm not eligible to have my record sealed under any circumstance?
Most people will only be able to
expunge their record, not have it
totally destroyed. You will be unable to file for expungement or
non-disclosure if you have ever been convicted or placed on probation
for any of the following:
- An offense which required you to register as a sex offender
- An offense with an affirmative finding of family violence
- Violation of a Protective Order
- Stalking
- Aggravated Kidnapping
- Murder
- Capital Murder
- Manslaughter
After successfully having my criminal
record sealed, can I deny ever being arrested?
Yes. For example, on applications for jobs and housing, you
may "no" on the question if you have ever been arrested for a crime, as
long as your record has been
expunged. The only time you
are required by law to disclose the arrest is if you are ever questioned under oath during
a criminal proceeding. In that case, you do have to
acknowledge the arrest, but only to say it was
expunged.
Adult Non-Disclosure
How do I get my record
sealed?
First you need to hire a lawyer who knows the ins and outs of
record sealing. You provide your lawyer with all the pertinent
information about your case, and he will file the proper non-disclosure
petition with the appropriate court. The court will schedule your
non-disclosure hearing where you will either be granted or denied
non-disclosure. You can start by calling attorney David Breston at 832-618-1800.
What is
deferred adjudication probation?
Deferred adjudication
probation is a type of probation where the court defers
finding you guilty so long as you complete a defined probation period.
If the probation period is completed, the case is dismissed. Even
though the case is dismissed, your arrest still remains on your criminal
record, which can be seen by anyone. As your lawyer, I can petition for non-disclosure and have your
records sealed from the public if you complete a deferred adjudication
probation.
What
information does my lawyer need to successfully seal my record?
You need to provide your lawyer with the following information:
- Your Social Security Number
- The agency that made the arrest
- The jail you were taken to
- All personal identification information
I will also need:
- The original court and case number
- The date of the original guilty or no-contest plea
- The offense for which you completed deferred adjudication
- The date the court judge signed your No Finding of Guilt Order
If you have misplaced this
information, do not worry, I can find it for you.
How long
must I wait after I complete my deferred adjudication probation to file
for non-disclosure?
Upon
completing deferred adjudication probation for a felony, you must wait
five years to file for non-disclosure. Most Class A and B
misdemeanors have no waiting period, with the exclusion of the
following, which have a two-year waiting period:
- Abuse of a Corpse
- Advertising for Placement of a Child
- Aiding Suicide
- Assault
- Bigamy
- Cruelty to Animals
- Deadly Conduct
- Destruction of the U.S. Flag
- Discharge of a Firearm
- Disorderly Conduct
- Disruption of a Meeting or Procession
- Dog Fighting
- False Alarm or Report
- Harassment
- Harboring a Runaway Child
- Hoax Bombs
- Indecent Exposure
- Interference with an Emergency Telephone Call
- Leaving a Child in a Vehicle
- Making a Firearm Accessible to a Child
- Obstructing a Highway or Other Passageway
- Possessing, Manufacturing, Transporting, Repairing, or Selling a Switchblade Knife or Brass Knuckles.
- Public Lewdness
- Rioting
- Silent or Abusive Calls to 911
- Terrorist Threat
- Unlawful Carrying of a Handgun By a License Holder
- Unlawful Carrying of Weapons
- Unlawful Possession of a Firearm
- Unlawful Restraint
- Unlawful Transfer of Certain Weapons
- Violation of a Protective Order Preventing an Offense Caused by Bias or Prejudice
After I am granted
non-disclosure, who has access to my record?
Although your criminal record will not show up on criminal
background checks, once you are granted non-disclosure, your arrest
record is sealed from the general public. However, some government
agencies still have access to your criminal
record.
How do I start the process of sealing my
criminal record?
Email attorney
David Breston or call him at 832-618-1800.
Juvenile Record Sealing
Who is considered a juvenile?
Texas state law considers anyone who is
between the ages of 10 and 17 a juvenile.
Can all juveniles
have their criminal record sealed?
A juvenile's criminal record can be sealed as
long as he or she:
- didn't receive a determinate sentence
- isn't currently registered as a sex offender
- wasn't tried as an adult
Must a juvenile
be sentenced to deferred adjudication probation to seal his or her
criminal record?
No. Unlike adult record sealing, almost all juvenile criminal records
can be sealed.
See Juvenile Record Sealing FAQ #2 for more
information.
After successfully having my
juvenile criminal
record sealed, can I deny ever being arrested?
Yes. For example, on applications for jobs and housing, you
may "no" on the question if you have ever been arrested for a crime, as
long as your record has been expunged. The only time you
are required by law to disclose the arrest is if you are ever questioned under oath during
a criminal proceeding. In that case, you do have to
acknowledge the arrest, but only to say it was
expunged.
How do I start the process of sealing a juvenile criminal record?
Call Attorney
David Breston
today at 832-618-1800, and he will file a motion to seal a juvenile
criminal record on the behalf of you or your child.
Expunction
What is
criminal record expunction?
When you successfully have your criminal record expunged all
documentation and proof of your arrest is eliminated. An
expunction is an order signed by a district court instructing government
agencies that have your record on file to destroy it.
Am I eligible to have my criminal record
expunged?
You are eligible to file for criminal record expunction if:
- You were found not guilty at trial.
- Your arrest never led to an indictment, the charge is no longer pending, and you were not convicted of a felony in the five years preceding the date of the arrest you are seeking to be expunged.
- Your case was dismissed, the statute of limitations has expired, and you were not convicted of a felony in the five years preceding the date of the arrest you are seeking to be expunged.
- Your conviction was pardoned by the Governor of Texas or the President of the United States.
- Your case was overturned in the Court of Criminal Appeals.
- You have a criminal record attached to your name because another person assumed your name upon arrest.
- You completed deferred adjudication for a Class C misdemeanor.
After successfully having my criminal
record expunged, can I deny ever being arrested?
Yes. For example, on applications for jobs and housing, you
may "no" on the question if you have ever been arrested for a crime, as
long as your record has been expunged. The only time you
are required by law to disclose the arrest is if you are ever questioned under oath during
a criminal proceeding. In that case, you do have to
acknowledge the arrest, but only to say it was
expunged.
How do I get more information and start
the process of getting my criminal record expunged?
Call attorney David Breston at 713-224-4040.
David Breston, Defense Attorney
405 Main Street, Suite 400
Houston, TX 77002
Phone: 713-224-4040
Toll-Free: 888-220-4040
Fax: 713-223-1875