A criminal record will follow you whether you are seeking a job, applying for a school loan, or renting an apartment. Even if you were not convicted, your arrest record may prevent you from making important decision in your life. Your arrest will not necessarily fall off your record. There are ways to take action to clear your record. You must consult an experienced lawyer to better inform you and to file the necessary petition that will either erase or seal your record. David has files many such petitions in his career. You may be eligible to erase your record or have it sealed depending upon the circumstances. There are two ways to handle this: an expunction or a petition for non-disclosure. An expunction is a legal petition filed by your lawyer that essentially wipes the record clean. A judge orders every public entity with records of the arrest or other charging information to be destroyed. The records are no longer available to the public, government agencies or businesses. In effect, the criminal record is erased and you can deny the arrest or that the charge ever happened. And if a potential employer seeks a background check, the record will not appear in the search. Expunction is only available if you are found not guilty after trial or if your case was dismissed without a plea of guilty. You must understand that being placed on deferred adjudication probation required you to enter a plea of guilty. Even if you were successful in serving the shortest period of time on probation, deferred adjudication is neither considered “nor guilty” for the purpose of expunction. However, a petition for nondisclosure may be available to you if you are not eligible for expunction. If you received deferred adjudication, whether in a misdemeanor or a felony case, you may be eligible to petition the court where the plea occurred to seal the records of the case. You must have successfully completed the probation period, although while on the kind of probation, you are eligible for early termination whenever the judge decides to release you. David has filed motions to early terminate many probation cases. Unlike expunction, the record will still exist for government agencies to review. However the order sealing the record from public viewing includes future or current employers. Family violence cases cannot be sealed. You can seal the record immediately after finishing probation on a misdemeanor, but there is a five year wait before you can seal a felony record of deferred adjudication. If you have questions about any of these remedies that help you with sealing your record, call David for a free consultation to determine your eligibility.
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