Frequently Asked Questions
What is an expunction?
It is the process of removing arrests and convictions from your criminal record. With an expunction the record of arrest will be destroyed.
Without an expunction who can see my record?
Your record can be viewed by schools, potential employers, housing authorities, etc…
Why should I bother getting an expunction?
Don’t let the past control you, YOU take control and get a NEW START on life!
Am I eligible for an expunction?
You are eligible if:
- You were tried and found Not Guilty
- Your case was dismissed
- You win an appeal in the Texas Court of Criminal Appeals
- You completed deferred adjudication probation for a Class C Misdemeanor
- Another person was arrested under your name
- You received a pardon from the Governor of Texas or the President of the United States
How long will it take?
An expunction could take a few months to complete. A ton of work goes in to make sure all of the appropriate records are DESTROYED. You need a good lawyer to do this process right!
How long do I have to wait until I am eligible for an expunction?
It depends on the category of eligibility you fall under. Contact the Law Office of David A. Breston today for a FREE case evaluation.
If I am not eligible for an expunction is there anything else I might be eligible for?
Yes, it is possible that you might be eligible for a Non-Disclosure.
What is a Non-Disclosure?
It is a way to make your record unavailable to the general public (i.e. employers, schools, etc.)
Am I eligible for a Non-Disclosure?
You are eligible if you:
- Pled guilty or no contest to a Class A or B misdemeanor or felony
- Completed deferred adjudication probation
- Waited the appropriate length of time since your case was dismissed
What is the appropriate time to apply for a Non-Disclosure?
The waiting period for felonies is five years from the date of dismissal. For most misdemeanors, the waiting period is two years.
Is there anything that makes me ineligible for a Non-Disclosure?
Yes, you are ineligible for non-disclosure if you have previously been convicted of or placed on probation for a number of different crimes. Contact the Law Office of David A. Breston today for a FREE case evaluation and find out if YOU are eligible.
Can I seal a Juvenile record?
Yes, and it is extremely important to do so. Colleges, employers, and military (to name a few) all do criminal background checks on applicants. Make sure they do not see the mistakes you made when you were young!
Must the Juvenile have completed deferred adjudication?
NO! Even if a juvenile is convicted of a crime, a juvenile's criminal record can be sealed as long as he or she:
- Didn't receive a determinate sentence (i.e., time in a juvenile penitentiary prior to transferring to an adult penitentiary).
- Isn't currently registered as a sex offender.
- Wasn't tried as an adult.
How can I seal a Juvenile record?
Call the Law Office of David A. Breston today! We can help!