In Texas, someone who is found guilty of a crime or felony must go to jail or be put on probation. The court may also fine, limit, or punish the person. All of these sentences could affect your schooling, career, job, mortgage, and even your ability to rent an apartment because most places will want to see your criminal record.
A lot of companies won’t hire people who have been in jail or prison. If someone’s past misdemeanor or felony charges are made public, they could be fired or get a bad reputation at work. Background checks are also used by schools and colleges to decide who to let in. In Texas, a criminal charge could mean losing your legal status and having to go back to your home country. You could also be denied a gun or a driver’s license, even if they are needed for your job.
If you have been convicted of a crime in the past, you may not be able to have control of your child. Texas law says that prisoners can’t get some government-funded programs and perks.
So how can someone make sure that a sentence from the past doesn’t ruin their present or future? Luckily, there is a way to get a crime record erased in Texas. Talk to a criminal defense lawyer in Houston to find out the rules and steps for getting criminal records erased or making them inaccessible to the public.
Clear Your Criminal Record in Texas
In Texas, there are two ways to get rid of a criminal record:
Expunction
Getting your criminal history erased from all public records, including those kept by the police and the prosecutors
Non-Disclosure
Any person will not be able to see any information about your crimes that are in the public record.
If you get an order to erase all of your criminal records under Section 55.02 of the Texas Code of Criminal Procedure, files that have information about your crime, arrest, and punishment will be thrown away. If you get your case erased, it will no longer be shown in public records. However, some groups, like the Department of Homeland Security, may still know about the crime.
It’s like having a lock on your record that keeps it from being seen by anyone else. But these are open to law enforcement. Section 411.081(d) of the Texas Government Code lets people who have pleaded guilty file a nondisclosure claim for deferred adjudication. One must, however, finish their trial before they can get it. People can hide their criminal record or say they were never arrested, charged, prosecuted, or jailed if they get an expunction or a no-disclosure reward.
Also Read: Health Factors Revealed the Fittest Cities of United States
Eligibility for Clear Criminal Records in Texas
Section 55.01 of the Texas Code of crime Procedure spells out the requirements for people who want to get their crime records erased. The permission is only given to someone if
- No charges of crime were brought against him,
- he was charged, but on appeal, he was found not guilty.
- He could have had the charges against him dropped later.
- he was found not guilty after being found guilty,
- A grand jury gave him a “no-bill” while they thought about charging him,
- He was caught but never put on trial, and the prosecutor agrees to lift the ban.
- He worked out a good deal for a plea deal,
- he was punished for minor crimes when he was a child, or
- He was forgiven by either the Governor or the President.
Others, like jail time for a DWI charge, cannot be erased, even after the convicting party has died. Also, someone on straight probation can’t get an expunction order. Class C offenses are the only ones that can be put off until later. People charged with Class A and B misdemeanors or crimes, on the other hand, can only ask for an order not to reveal their case. Talk to your Houston criminal defense lawyer to find out what choices you have.
A Habeas Corpus writ can be used to go to court when a plea for expunction or non-disclosure is turned down. Last but not least, the Governor or the President can grant a pardon.
Process Duration for Clear Criminal Records in Texas
Depending on the type of crime, there may be a waiting time before a court will hear a request to seal or erase a record. For Class C crimes, it’s 180 days, for Class A and B misdemeanors, it’s a year, and for felonies, it’s 3 to 5 years. Criminal records that are being erased must be destroyed within 180 days of the court order.