Practice Areas > Expunction
Houston Expunction Attorney
Attorney Representation in Houston, Texas since 1992
Having an arrest or criminal conviction on your record can permanently alter your life. Even if you served no jail time or were never convicted of a crime, a brush with the criminal justice system can make it hard to get employment, rent an apartment, or obtain financing for a home. Tad Nelson, at the Houston Criminal Defense firm of Tad Nelson & Associates, understands the importance of removing the stigma associated with a criminal record. He can help you through legal procedures necessary to obtain an expunction. Contact Tad Nelson to discuss clearing your record. Call (281) 280-0100.
Expunction
To obtain an expunction, a criminal defendant must petition the court to have all case documents, such as the arrest record, removed and destroyed. If an expunction is granted, the defendant can deny ever being arrested for or charged with a particular criminal offense. Whether or not an expunction is awarded depends on the level of the charge, the outcome, and other factors. If successful, the District Court Judge will order all law enforcement to destroy all records, including taking all entries related out of the computer as well.
For example, a Class “C” misdemeanor such as public intoxication or disorderly conduct can often be expunged. If your case was dismissed, depending on the charge, expunction may be possible. If you were found “not guilty”, you may be awarded an expunction as a matter of law.
Nondisclosure
Unless you have been acquitted or have had your case dismissed the expunction process may not be an available option. In that case, the next best thing is a Petition for Non-disclosure. A successful nondisclosure petition will prohibit court officials and law enforcement organizations from disclosing your criminal record to third parties such as employers, creditors and potential landlords. This process also allows you to deny the existence of the related arrest. This process will often assist you with finding employment or a place to life.
Deferred Adjudication
Deferred adjudication allows a defendant to defer any guilty judgment finding until given an opportunity to successfully complete a probationary period, at which time the court can dismiss the case, paving the way for a Non-disclosure of the case record. I deferred adjudicated probation by itself that not take anything off your record. A completed deferred adjudicated probation will always remain on your record, just like a conviction if you do not take the next step of filing a Petition for Non-disclosure. Unfortunately many lawyer & Judges, in an effort to convince defendants to accept pleas will imply that a defered probation will not remain on your criminal record. This simply is not true!
Sealing Records
Juvenile records are often sealed, meaning that they will not be available as public records. Having a record sealed is similar to having records expunged, although it usually takes place in juvenile court.
Put a *Board-Certified Criminal Law Specialist and
Former Assistant District Attorney in Your Corner — Call (281) 280-0100
Our firm and Board Certified Criminal Defense Attorney Tad Nelson provide skilled legal representation and services to people throughout Galveston, Harris, and Brazoria County and the Greater-Houston metro area. If you have been arrested for any criminal activity or need Criminal Law advice — call our League City law offices directly or contact us online today.
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Evening, Weekend, and Off-Site Appointments Available
*The Texas Board of Legal Specialization certifies attorneys in 20 specific areas of law; certification in any of these areas requires substantial demonstrated experience and skill, positive peer evaluations, ongoing legal education commitments, and the passage of a rigorous test.
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