Expunction and Nondisclosure Services

Expunction and Nondisclosure Services

Handcuffs on folderClients all over the United States have turned to Martin J. Rubin to both seal and expunge their criminal records. By using the expungement and non-disclosure services from our attorney, you will have the ability to start your life again without having the negative effects of a criminal history on your record. Schedule a consultation with us today to discuss the details of your case.

Your Local Attorney

Clear your criminal record with the services from the attorney you can count on. Attorney Rubin has  handled nondisclosures and expungements  throughout many Texas counties, including, but not limited to:

  • Collin County
  • Dallas County
  • Denton County
  • Ellis County
  • Kaufman County
  • Tarrant County

As part of our expungement and nondisclosure services, Martin J. Rubin will consult with you about your eligibility, the procedures involved and the effects of the final orders on expungement and nondisclosure. The laws effecting the sealing or destruction of criminal history are continuously evolving after each Texas legislature session. Therefore it is important to contact our office each year to find out about eligibility.

Understand Your Right to Expunction

If you have been arrested for a felony or misdemeanor, you may be entitled to have all records relating to the arrest expunged if you meet any of the following:

  1. You have a jury or non-jury trial for the offense, and you are found not guilty.
  2.  If the arrest was for a Class C misdemeanor and the case was never filed, you may be entitled to an expunction after six months.
  3.  If the arrest was for a Class A or B misdemeanor and the case was never filed, you may be entitled to an expunction after one year.
  4. If the arrest was for a Felony and the case was never filed, you may be entitled to an expunction after three years.
  5. The case was filed and then dismissed or quashed because you completed a pre-trial intervention program.
  6. The case was filed and then dismissed or quashed because the case was filed based by mistake, false information or other similar reason indicating absence of probable cause.
  7.  The case against you has been dismissed, you have not been placed on probation, and the statute of limitation has expired.
  8. You have received deferred disposition for a Class C misdemeanor and the case has been dismissed.

Expungement services can be used for removing information about you that was falsely given by an arrested person who has used your information. However, it is important to remember that in some situations including family violence cases, expunctions are not allowed. Expunctions may be barred if there are felony charges arising out of the same arrest, or if you intentionally or knowingly absconded from the court’s jurisdiction. If the statute of limitations has not expired and you are granted an expunction, the State may request that the law enforcement agency and the prosecuting attorney retain their records about the case if there is reasonable cause to believe that the State may proceed against the person for the offense. Class C cases involving alcohol for minors may also be expunged.

Nondisclosure

Nondisclosures can be granted on many misdemeanor and felony offenses. There are no waiting periods for some misdemeanor offenses. Once the deferred adjudication probation (minimum period of 180 days) is completed you may be eligible for nondisclosure. There are some misdemeanor cases that require 2 years of waiting after the deferred adjudication probation is over. Felony cases require a 5 year wait. There are also some offenses that the State of Texas legislature has determined should not be nondisclosed. Nondisclosure is a discretionary act by the judge that had jurisdiction on the original case.

Read More

Eligibility for Nondisclosure

  • If entered a plea of guilty or nolo contendere;
  • The judge deferred further proceedings without entering an adjudication of guilt and placed you under the supervision of the court or an officer under the supervision of the court; and
  • At the end of the period of supervision the judge dismissed the proceedings and discharged you.
  • You were placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for a misdemeanor other than a misdemeanor:
    • under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or
    • with respect to which an affirmative finding under Section 5(k), Article 42.12, Code of Criminal Procedure, was filed in the papers of the case; and
  • You have never been previously convicted of or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code that is punishable by fine only.

The attorney can assist you with nondisclosure on a one-time only basis for misdemeanors under the strict requirements of the law for misdemeanor cases even if you convicted and went to jail for a short time or were placed on probation. This is the newest area of the nondisclosure law, and Martin J. Rubin has been successful even with the agreement of the State, that his convicted client’s record could be sealed.

Protecting Your Future

If your situation permits nondisclosure and expungement, you will achieve the following:

  1. You can deny the criminal offense on job applications.
  2. Potential employees will not be able to see your criminal record (except many governmental agencies can view your history if your case is nondisclosed).
  3. The public cannot see your criminal history on county criminal databases.
  4.  Internet companies that purchase criminal histories will be informed by the State to remove your record from their databases or face penalties.
  5. Lending institutions will be more likely to loan you money.
  6.  You can more easily rent an apartment or home.
  7. It will be easier to do volunteer work

The exception to disclosure of an expunctions arises when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged. In this instance you may state only that the matter in question has been expunged.

Contact us in Dallas, Texas, to learn more about your rights with our expungement and nondisclosure services. We proudly represent clients throughout Collin, Dallas, Denton, Ellis, Kaufman, and Tarrant counties for sealing and the destruction of criminal records.