“How do I clear my record?”
If you qualify, Houston criminal law attorney, Frank Svetlik, can help you to expunge your Harris County criminal record. The record of a criminal case can have a long term adverse affect on your future employment as well as carrying a crippling social stigma.
Often, the record of a criminal case can be expunged under certain circumstances. Houston lawyer Frank Svetlik can assist you in determining if an expunction may be possible to clear your record. Put Houston attorney Frank Svetlik’s experience in the Harris County Criminal Courts to work for you to help you expunge your criminal record.
Law Offices of Frank Svetlik
To Expunge Case
Seal Criminal Record
Under What Circumstances Can I Expunge My Record?
Houston criminal law attorney Frank Svetlik believes you should know your rights concerning the expungement of your criminal case. Some of the situations where you may qualify to expunge a criminal case include:
Acquittal – Found not guilty after trial or after an appeal:
If you are found not guilty after a trial on the charges or an appellate court enters a judgment of acquittal and certain other conditions exist such as not having been charged with a felony within the five years preceding the date of the arrest sought to be expunged and the matter not being part of a criminal episode then you may have a right to have the record of your arrest and trial expunged. The court is required to advise you that you have these rights when you are acquitted.
The expunction procedure is required to be conducted by a district court in the county where the trial occurred. If a district court presided over the trial that court has the power to enter the order of expungement. In many counties misdemeanors are handled by county courts. In such counties, including Harris County, to expunge records of arrest for a misdemeanor handled by a county court, a separate civil suit must be filed in a district court requesting the order of expungement. The filing fees are set by the state and county and generally exceed $225.00.
No charge – If an arrest is not followed by charges being filed:
If the prosecuting authorities (Harris County District Attorney) have not presented an indictment or information charging you with a crime and the time for prosecuting such a crime has passed and you have not been charged with a felony within the five years preceding the date of the arrest sought to be expunged, then you have a right to have the record of your arrest expunged.
In some instances the dismissal of an indictment or the dropping of charges may authorize the Harris County District Court to grant expunction whether before or after the statute of limitations barring prosecution has expired.
Order of Non-disclosure following Deferred Adjudication: Seal Criminal Record
The successful completion of a deferred adjudication in Harris County does not, without further action, seal the record of the arrest or conviction. An application for an Order of Non-disclosure must be made. You cannot have had any law enforcement related problems since your deferred adjudication was granted. Certain crimes such as those classified as murder, sex offender or family violence crimes are not eligible for an order of nondisclosure.
The petition for an order of non-disclosure cannot be filed until five years have passed after completion of the deferred adjudication for a felony. The court may require two years to have passed after completion of deferred adjudication for a misdemeanor before permitting a petition for an order of nondisclosure but in some instances may permit the filing immediately. If the order is granted the law enforcement agencies which had previously had some record of the arrest and deferred adjudication are prohibited from disclosing the information to outside parties.
The non-disclosure order permits you to deny the arrest except in future criminal prosecutions. The nondisclosure order does no apply to all parties. Certain governmental agencies may have access to the record of your arrest and some licensing entities such as those for lawyers and nurses and other authorities such as those hiring teachers and reviewing applications to adopt a child are authorized to obtain the information about the charges and arrest.
For more information about clearing your record, expunction or a non-disclosure order, contact:
The Law Offices of Frank Svetlik
One Riverway, Suite 1700
Houston, Texas 77056
Primary Office in Houston Texas.
Also in Dallas, San Antonio, Ft Worth, El Paso
Additional Legal and DWI Resources:
Not Certified by the Texas Board of Legal Specialization.
Law Offices of Frank Svetlik, One Riverway, Suite 1700, Houston, Texas 77056