Our law firm can help you get your records expunged.

If an individual placed on deferred adjudication subsequently receives a discharge and dismissal from the court, the person may petition that court for an order of nondisclosure.  An individual is eligible for an order of nondisclosure for a felony offense anytime on or after the fifth anniversary of the discharge and dismissal.

A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or a misdemeanor is entitled to have all records and files relating to the arrest expunged if:

Misdemeanors

Felonies

1. An indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested; or
2. The indictment or information charging the person with commission of a felony was presented, and the indictment or information has been dismissed or quashed and the limitations period has expired or the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reasons.
3. The person has been released and the charge, if any, has not resulted in a final conviction and is not longer pending, and there was no court ordered community supervision; and
4. The person has not been convicted of a felony in the five years preceding the date of the arrest.
   

Orders of Nondisclosure Texas Government Code Section 411.081 allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense.

A person can petition the court for an order of non-disclosure:

After the successful completion of a Misdemeanor Deferred Adjudication; Anytime on or after the second anniversary of the discharge and dismissal for the following Misdemeanor offenses:

• Chapter 20 (kidnapping & unlawful restraint)
• Chapter 21 (sexual offenses)
• Chapter 22 (assaultive offenses)
• Chapter 25 (offenses against the family)
• Chapter 42 (disorderly conduct & related offense);
• Chapter 46 (weapons)

Five years after the successful discharge and dismissal of your felony deferred probation.

Non-Disclosures are not available in for the following crimes:

• An offense requiring registration under CCP ch. 62 (sex offender)
• Aggravated Kidnapping.
• Murder Capital Murder Abandoning or Endangering a Child.
• Stalking
• Any other offense involving family violence as defined in Family Code Section 71.004.

Criminal history record information subject to an order of nondisclosure is excepted from required disclosure under the Public Information Act. Criminal justice agencies are permitted to release criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized non-criminal justice agencies and the individual who is the subject of the criminal history record information.

The following agencies may have access the sealed information:

• The State Board for Educator Certfication
• A School District
• Texas Board of Medical Examiners
• Texas School for the Blind & Visually Impaired
• The Board of Law Examiners
• State Bar of Texas
• A District Court regarding a petition for name change
• Texas School for the Deaf
• Department of Family and Protective Services
• Texas Youth
• Commission Department of Assistive & Rehabilitative Services
• Department of State Health Services
• Texas Private Security Board
• Fire Departments
• Board of Nurse Examiners
• Safe Houses
• Hospitals
• Texas Juvenile Probation Commission
• Banking or Securities Commissioner
• Texas Department of Licensing & Regulation
• Texas State Board of Public Accountancy
• Health and Human Services Commission
• Department of Aging & Disability Services

Family Code Section 58.003 provides for the sealing of juvenile records. An individual with juvenile records available for sealing may file an application for sealing of records in a juvenile court of the county in which the proceeding occurred. Juvenile records ordered sealed by the court are removed from the criminal history database. Individuals attempting to seal juvenile records should seek the advice of a licensed attorney to determine if they are eligible for an order sealing records.

Family Code Section 58.203 restricts access to certain juvenile records. Records relating to an individual's juvenile case that meet the criteria established by §58.203 are certified by the Department for automatic restriction of access. Upon certification, the department may not disclose the existence of the records or any information from the records in response to an inquiry from:

. a law enforcement agency;
. a criminal or juvenile justice agency;
. a governmental or other agency given access to information under Chapter 411, Government Code; or
. any other person, agency, organization, or entity.

The department may permit access to:
. a criminal justice agency for a criminal justice purpose; or
. for research purposes, by the Texas Juvenile Probation Commission, the Texas Youth Commission, or the Criminal Justice Policy Council.

The misuse or theft of a person's identity may occur in several ways. If your identity has been misused by another to secure credit, open a checking account or make purchases in your name, please follow this link http://www.txdps.state.tx.us/director_staff/public_information/pr040902.htm.

The following procedures are available if your name or identifying information was falsely given by an arrested individual as their identifying information.

.Chapter 55 of the Texas Code of Criminal Procedure contains provisions for a person to expunge their identifying information, including name, address, date of birth, driver's license number and social security number, falsely presented by an arrested person as the arrested person's identifying information. The person seeking the expunction should contact the district attorney in the county in which the person lives and file an application for expunction.

. Individual Identity File: Government Code § 411.0421 allows a person to file a declaration with the sheriff of the county in which they reside stating the person's identity was used by another to frustrate proper law enforcement without their consent. Upon receipt of a declaration from the sheriff, the Department of Public Safety will create a record of the misused identity along with a unique password to be used by the person to verify their identity to law enforcement. For more information concerning this procedure, contact the sheriff in your county of residence.