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Check for your question in the Texas criminal record clearing FAQs below for more information related to Texas expungements, Texas nondisclosures, Texas pardons, and Federal / Presidential Pardons. If you don’t find what you’re looking for or want more information, feel free to book a free 15-minute consultation with one of our attorneys.
We will be more than happy to help.
Expunctions were created to allow a fresh start for people who were wrongly arrested or charged with a criminal offense. An expungement is a powerful court order to law enforcement agencies and criminal record depositories to destroy all records of an arrest and prosecution. Typically, the court orders the destruction of all jail records, police reports prosecution reports, and court files.
After your record is expunged, you can deny its existence. Furthermore, it is illegal for anyone to publish information related to an expunged offense.
If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.
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There are several different types of Texas criminal case dispositions that may qualify to be expunged, however, below are common types of cases that can be expunged.
Any Texas crime that you are found not guilty by a judge or jury (acquitted by the trial court) is eligible to be expunged.
If a person is convicted of a Texas criminal offense but is then later pardoned or, granted relief based on actual innocence, they are eligible for an expunction.
Crimes that fall under Texas Penal Code Section 46.02(a) for the unlawful carrying of weapons, as that section existed for an offense committed before September 1, 2021. Examples of Unlawful Carrying of a Weapon cases that qualify are Unlawful Carrying of a Gun by a Minor, Unlawful Carrying of a Gun in a vehicle, Unlawful Carrying of a Weapon at a licensed Premises, Unlawful Carrying of a knife, club, brass knuckles, and nunchucks.
Texas criminal offenses that were dismissed. Keep in mind there may be a waiting period to expunge dismissed cases. Commonly, the waiting period is the statute of limitations for the offense.
Texas fine only offenses or class c misdemeanor offenses where an individual successfully completes deferred adjudicated probation. Examples include class c assault, theft, public intoxication, possession of drug paraphernalia, and theft by check.
Conviction of a minor for certain alcohol-related offenses.
If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.
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The normal process to expunge a Texas criminal case takes anywhere from about 3 to 6 months from filing to the court issuing an order. This timeline can vary widely from different courts and different counties. Some courts move faster and some move more slowly.
However, after the order is issued the responding state and local agencies have 60 days to expunge all records relating to the criminal offense from their files. However, since most records are now digital this process does not usually take 60 days.
If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.
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Your expunged criminal record should not show up in any governmental state or local database. An easy way to check if your case was properly expunged is to do a quick search on the county or district clerk’s website for your case details since most counties have online criminal record searches. You could also order your official criminal history report from the Texas Department of Public Safety to ensure it is no longer in their database. Do not search their online records which only offer limited records. You will need to get fingerprinted to get your official report.
Instructions can be found at the following link. https://www.dps.texas.gov/section/crime-records/fingerprinting-services.
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No. You do not have to disclose an expunged Texas case on a job application. When a case is successfully expunged, it means that the records related to the arrest or charge have been legally erased and treated as if they never existed. Therefore, you generally have the right to deny the existence of the expunged case on a job application in Texas.
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If your case shows up on a background check before the court issues an expunction order, it is important to understand that the expunction order will not be effective until the Court issues an order. Once the court orders your record to be expunged then all agencies listed in the expungement petition have between 60-90 days to search and destroy all records related to the expunged case or cases.
However, as part of our Texas expungement service, our firm provides FREE letters of representation to our clients at no additional cost to aid in passing a background check before the expungement order has been entered and related records removed.
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In Texas, an expungement and a nondisclosure are two different legal processes that involve the sealing or removal of criminal records, but they have distinct differences in their effects and eligibility requirements. Here’s an overview of each:
Texas Expungements
Expungement or expunction refers to the complete removal and destruction of all records related to an arrest or criminal charge from all public databases.
Eligibility: To be eligible for an expungement in Texas, you must meet specific criteria, such as being acquitted of the charges, having the charges dismissed, or being pardoned. Expungements are typically available for cases where no conviction or deferred adjudication was obtained.
Effect: Once an expungement is granted, you can legally deny the existence of the arrest or charge, as if it never occurred. The records are effectively erased, and the law treats it as if the arrest or charge never happened.
Texas Nondisclosures
Nondisclosure, on the other hand, involves the sealing of criminal records from public view but does not result in their complete removal or destruction.
Eligibility: To be eligible for a nondisclosure in Texas, you must have successfully completed a deferred adjudication probation period for the offense in question. Certain serious offenses, such as those involving family violence or certain sex crimes, are generally not eligible for nondisclosure.
Effect: When a nondisclosure is granted, the criminal records are sealed from public access, meaning they won’t appear in standard background checks. However, the records will still be accessible to certain government entities, such as law enforcement agencies and some licensing authorities. Additionally, if you are later arrested for a subsequent offense, the sealed records can be used against you in determining your punishment for the new offense.
It’s crucial to consult with an attorney familiar with the specific laws and processes in Texas if you are seeking to clear or seal your criminal records.
Please be aware that this information is based on general knowledge and may not reflect the most up-to-date legal developments or specific details of your case. Consulting with a qualified attorney is recommended for personalized advice and guidance regarding your situation.
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In Texas, there are waiting periods that must be observed before you can file for an expungement for a criminal case. The waiting periods vary depending on the outcome of your case and the type of offense involved. Here are the general waiting periods for filing an expungement in Texas:
Acquittal or Dismissal – If you were acquitted of the charges or the charges against you were dismissed, there is no waiting period to file for an expungement. You can initiate the expungement process immediately after the acquittal or dismissal.
Arrested – Case not filed or felony case no-billed.
If an indictment or information has not been presented, then a person may receive an expunction after a certain waiting period has passed. The waiting period is 180 days for Class C misdemeanors, one year for all other misdemeanors, and three years for all felonies.
Case Dismissed – If you were arrested, and an indictment and information have been presented but later dismissed, then you are eligible to file an expungement only after the statute of limitations has run on your case. The statute of limitations on misdemeanors is two years from the date of the offense and the statute of limitations for felonies is three years. However, please note that there are many felony offenses that have a longer statute of limitations.
You can immediately file an expungement if you have completed qualified pretrial diversion programs, veteran court programs, or mental health programs.
It’s important to note that these waiting periods are subject to change and may vary based on specific circumstances and changes in the law. It is recommended to consult with an attorney who is familiar with the current laws and requirements for expungement in Texas to determine the precise waiting period applicable to your case.
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At the Hopping Law Group, PC, we offer a straightforward flat fee structure on all of our cases. Our fee includes any and all associated costs such as court fees and filing fees. The cost of expunging a case in any Texas county is $1,950.00. There are never any additional costs or hidden fees in our flat fees. We understand that the cost of expunging a case can be a significant expense, so we have payment plans available to make the process more affordable. Furthermore, Our flat fee for a Texas expungement covers a comprehensive range of services related to your expungement case. It includes initial consultations, legal research, document preparation, filing the necessary paperwork with the court, representation during court hearings if required, resolving any objections that may arise in your case, and any associated court filing fees. We aim to provide our clients with full-service representation at a transparent and predictable cost. We are dedicated to making the expungement process as easy as possible for our clients and are happy to answer any questions they may have. So if you’re looking to expunge a case in Texas, please don’t hesitate to contact us so we can get started.
Our fee also includes several additional services we offer and no additional charge.
Free Fast Track Case Resolution – We expedite all our cases and never charge extra fees, like other firms. We will fast-track your case to ensure your case gets the attention it deserves and is resolved in the fastest manner possible.
Free Criminal Record Removal Service ($500 Value) – Once your expungement has been granted by the court and your public record is expunged. We send out notices to over 650 additional commercial entities to ensure our clients have the most thorough removal of their information possible. We will remove your information from background check companies, people search websites, mugshot websites, credit reporting agencies, and commercial databases.
Free Background Check Defense (normally $195 per year) – While your case is pending, we offer free letters of representation and notice of pending expungement to all our clients, to assist them in passing a background while their case is pending. Furthermore, if your case ever comes up on a background check after your expungement has been granted, then we will dispute it for you for free. Lastly, at any point in time, if you have questions about whether you have to disclose your case on an application, you can give us a call and we would be happy to walk you through the process for free.
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Our firm does not charge by the hour; we instead offer a flat fee structure for our services. We understand that hourly charges can often be unpredictable and costly for our clients, which is why we prefer to offer an up-front fee that covers the scope of our services. In this way, we can ensure that our clients are aware of exactly what they are paying for and are able to budget out their expenses in advance. We strive to provide our clients with the best value for their money, which is why we believe that a flat fee structure is the most efficient and cost-effective solution. If you have any additional questions, please don’t hesitate to reach out to us. We are happy to assist you in any way we can.
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Our Texas expungement flat fee includes ALL filing fees and associated costs. We understand that the process of expunging your criminal records can involve various costs, including court filing fees. To provide transparency and convenience to our clients, we have structured our flat fee to cover these expenses. You can rest assured that you won’t be charged any additional court filing fees beyond the agreed-upon flat fee.
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A Texas nondisclosure is a legal process that allows individuals to seal certain criminal records from public view. Specifically, it pertains to cases where a person has successfully completed deferred adjudication for eligible offenses. Once a nondisclosure order is granted by the court, the sealed records are no longer accessible in most background checks conducted by employers, landlords, and the general public.
Why Might You Want a Nondisclosure?
Key Points to Consider:
Next Steps:
If you believe you might be eligible for a Texas nondisclosure, it’s advisable to consult with a qualified attorney. They can assess your specific situation, guide you through the legal process, and help you understand the potential benefits and limitations of obtaining a nondisclosure order.
In Texas, certain criminal records can be sealed through a legal process known as an Order of Nondisclosure. This process prevents the public, including employers and landlords, from accessing specific criminal records, allowing individuals to move forward without the burden of a past offense affecting their opportunities.
General Guidelines for Eligibility
The following misdemeanor offenses have a two-year waiting period from the date you completed your deferred adjudicated probation.
Offenses Not Eligible for Sealing:
Additional Considerations:
An Order of Nondisclosure can be a valuable tool for individuals seeking to put past mistakes behind them. Understanding the eligibility requirements, including the possibility of sealing certain misdemeanor convictions, is the first step toward clearing your criminal record in Texas. For personalized guidance, consult a qualified attorney who can evaluate your situation and help you through the process.
If you have any more questions or need further clarification, feel free to ask!
A Texas nondisclosure order allows you to legally deny the criminal offense subject to the order in employment and housing applications. The offense will not appear on most background checks, with limited exceptions for certain government and licensing agencies as outlined in Texas Government Code Section 411.0765. This provides increased privacy and enhances opportunities for jobs and housing.
In Texas, an expungement and a nondisclosure are two different legal processes that involve the sealing or removal of criminal records, but they have distinct differences in their effects and eligibility requirements. Here’s an overview of each:
Texas Expungements
Expungement or expunction refers to the complete removal and destruction of all records related to an arrest or criminal charge from all public databases.
Eligibility: To be eligible for an expungement in Texas, you must meet specific criteria, such as being acquitted of the charges, having the charges dismissed, or being pardoned. Expungements are typically available for cases where no conviction or deferred adjudication was obtained.
Effect: Once an expungement is granted, you can legally deny the existence of the arrest or charge, as if it never occurred. The records are effectively erased, and the law treats it as if the arrest or charge never happened.
Texas Nondisclosures
Nondisclosure, on the other hand, involves the sealing of criminal records from public view but does not result in their complete removal or destruction.
Eligibility: To be eligible for a nondisclosure in Texas, you must have successfully completed a deferred adjudication probation period for the offense in question. Certain serious offenses, such as those involving family violence or certain sex crimes, are generally not eligible for nondisclosure.
Effect: When a nondisclosure is granted, the criminal records are sealed from public access, meaning they won’t appear in standard background checks. However, the records will still be accessible to certain government entities, such as law enforcement agencies and some licensing authorities. Additionally, if you are later arrested for a subsequent offense, the sealed records can be used against you in determining your punishment for the new offense.
It’s crucial to consult with an attorney familiar with the specific laws and processes in Texas if you are seeking to clear or seal your criminal records.
Please be aware that this information is based on general knowledge and may not reflect the most up-to-date legal developments or specific details of your case. Consulting with a qualified attorney is recommended for personalized advice and guidance regarding your situation.
The process of sealing a criminal offense in Texas typically takes 3 to 6 months from the time you file a petition for an Order of Nondisclosure to the complete sealing of your criminal record. However, the exact timeline can vary based on several factors:
A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under this subchapter to the following noncriminal justice agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department;
(11) the Department of Assistive and Rehabilitative Services;
(12) the Department of State Health Services, a local mental health service, a local intellectual and developmental disability authority, or a community center providing services to persons with mental illness or intellectual or developmental disabilities;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in harmful situations;
(17) a public or nonprofit hospital or hospital district, or a facility as defined by;
(18) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;
(19) the Texas State Board of Public Accountancy;
(20) the Texas Department of Licensing and Regulation;
(21) the Health and Human Services Commission;
(22) the Department of Aging and Disability Services;
(23) the Texas Education Agency;
(24) the Judicial Branch Certification Commission;
(25) a county clerk’s office in relation to a proceeding for the appointment of a guardian under Title 3, Estates Code;
(26) the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the Department of Information Resources;
(27) the Texas Department of Insurance;
(28) the Teacher Retirement System of Texas;
(29) the Texas State Board of Pharmacy;
(30) the Texas Civil Commitment Office;
(31) a bank, savings bank, savings and loan association, credit union, or mortgage banker, a subsidiary or affiliate of those entities, or another financial institution regulated by a state regulatory entity listed in Subdivision (18) or by a corresponding federal regulatory entity, but only regarding an employee, contractor, subcontractor, intern, or volunteer of or an applicant for employment by that bank, savings bank, savings and loan association, credit union, mortgage banker, subsidiary or affiliate, or financial institution; and
(32) an employer that has a facility that handles or has the capability of handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials, if:
(A) the facility is critical infrastructure, as defined by 42 U.S.C. Section 5195c(e), or the employer is required to submit to a risk management plan under Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
(B) the information concerns an employee, applicant for employment, contractor, or subcontractor whose duties involve or will involve the handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials and whose background is required to be screened under a federal provision described by Paragraph (A).
Under Texas law, the following offenses are not eligible to be sealed with an Order of Nondisclosure:
These offenses are permanently excluded from sealing under Texas nondisclosure laws. If you have questions about your eligibility or the specifics of your case, consult with a qualified attorney for guidance.
The waiting periods for obtaining a nondisclosure order in Texas depend on the type of offense and the terms of your deferred adjudicated probation. Below is a detailed breakdown:
All felony offenses require a five-year waiting period from the date you complete your deferred adjudicated probation before you are eligible to petition for a nondisclosure.
Many misdemeanor offenses are immediately eligible for nondisclosure upon the successful completion of deferred adjudicated probation, meaning you can apply right away.
The following misdemeanor offenses require a two-year waiting period after the completion of deferred adjudicated probation before filing for a nondisclosure:
The waiting period starts after all terms of your deferred adjudication probation, including probation completion, payment of fines, and restitution, have been fulfilled. If you’re unsure about your eligibility or the applicable waiting period for your case, consulting with an attorney can help clarify the process.
No, in most cases, you are not required to disclose a sealed case on a job application in Texas. When a nondisclosure order is granted, your record is sealed from public access, meaning potential employers, landlords, and other entities cannot see it in standard background checks. You can legally deny the existence of the sealed case in most situations.
Exceptions:
While the sealed case does not need to be disclosed for most private-sector jobs, there are exceptions for certain government and licensed professions. You may still need to disclose the sealed case if you are applying for positions in:
If you’re unsure about whether to disclose a sealed case on a specific application, it’s best to consult an attorney to review your situation and provide guidance tailored to your case.
For most background checks, a sealed criminal record will no longer appear once a nondisclosure order is granted. Employers, landlords, and the general public cannot access sealed records, giving you the ability to move forward without the stigma of your criminal history.
Exceptions:
Even after your record is sealed, it may still be visible to certain entities, including:
These entities can access sealed records for specific purposes, such as security clearances, professional licensing, or law enforcement investigations. For most private-sector jobs and housing applications, however, your sealed record will not appear on background checks.
If your sealed record unexpectedly shows up on a background check, contact an attorney to ensure compliance with the nondisclosure order and address any issues.
If your Texas criminal record is still appearing on background checks after the court has issued a nondisclosure order, you may need to take steps to enforce the order. Here’s what you can do:
Our firm also provides FREE post-order support as part of our Texas nondisclosure services. If your record is still appearing after your nondisclosure order has been granted, we can help dispute the issue with the appropriate entities to ensure compliance. Reach out to us for assistance.
If your case appears on a background check before the court issues a nondisclosure order, it’s important to understand that the record will not be sealed until the court grants the order. Once the nondisclosure order is issued, agencies listed in the petition are required to update their records promptly, ensuring that the sealed information is no longer publicly accessible.
To support you during this process, our firm provides FREE Letters to your Employer as part of our Texas nondisclosure services. These letters can help you address background check concerns while your nondisclosure petition is pending, giving you peace of mind at no extra cost.
At the Hopping Law Group, PC, we offer a straightforward flat fee structure on all of our cases. Our fee includes any and all associated costs such as court fees and filing fees. The cost of sealing a case in any Texas county is $1,950.00. There are never any additional costs or hidden fees in our flat fees. We understand that the cost of expunging a case can be a significant expense, so we have payment plans available to make the process more affordable.
Furthermore, our flat fee for a Texas expungement covers a comprehensive range of services related to your expungement case. It includes initial consultations, legal research, document preparation, filing the necessary paperwork with the court, representation during court hearings if required, resolving any objections that may arise in your case, and any associated court filing fees. We aim to provide our clients with full-service representation at a transparent and predictable cost. We are dedicated to making the expungement process as easy as possible for our clients and are happy to answer any questions they may have. So if you’re looking to expunge a case in Texas, please don’t hesitate to contact us so we can get started.
Our fee also includes several additional services we offer at no additional charge.
Free Fast Track Case Resolution – We expedite all our cases and never charge extra fees, like other firms. We will fast-track your case to ensure your case gets the attention it deserves and is resolved in the fastest manner possible.
Free Criminal Record Removal Service ($500 Value) – Once your expungement has been granted by the court and your public record is expunged. We send out notices to over 650 additional commercial entities to ensure our clients have the most thorough removal of their information possible. We will remove your information from background check companies, people search websites, mugshot websites, credit reporting agencies, and commercial databases.
Free Background Check Defense (normally $195 per year) – While your case is pending, we offer free letters of representation and notice of pending expungement to all our clients, to assist them in passing a background while their case is pending. Furthermore, if your case ever comes up on a background check after your expungement has been granted, then we will dispute it for you for free. Lastly, at any point in time, if you have questions about whether you have to disclose your case on an application, you can give us a call and we would be happy to walk you through the process for free.
At our firm, we believe in providing transparent and predictable pricing. Rather than charging by the hour, we offer a flat fee structure for our services. This approach eliminates the uncertainty and potentially high costs associated with hourly billing, giving our clients peace of mind.
With our flat fee structure, you know upfront exactly what you’re paying for, allowing you to budget your expenses confidently. This method ensures you receive the best value for your money without unexpected charges.
If you have any questions about our flat fee services, we’re here to help. Feel free to reach out to us for more information or assistance!
Yes, our Texas Nondisclosure flat fee includes all filing fees and associated costs. We understand that the nondisclosure process can involve various expenses, including court filing fees. To ensure transparency and convenience, our flat fee is designed to cover all these costs.
With us, you can have peace of mind knowing there are no hidden fees or unexpected charges. The agreed-upon flat fee is all you’ll pay, making the process straightforward and stress-free.