Sealing Criminal Records in San Antonio

Let Our Firm Guide You Through the Process

While certain individuals may not be eligible to have former criminal convictions expunged from their record, Texas has recently implemented laws that may help. Sensitive criminal record information may now be sealed, or removed from public access under an order of non-disclosure. This can be a significant benefit for those whose lives have been drastically impacted by past mistakes.

At The Law Office of John J. Fox, our criminal defense team can help you understand the process of obtaining an order for non-disclosure. We believe that individuals who have grown from past mistakes should not continue to be burdened by them. Criminal records can affect your ability to find work and can also place a burden on familial and personal relationships. Our team has nearly 20 years of experience that we will put to work for you.

How do I get an order of non-disclosure?

It is important to note that Orders of Non-disclosure do not permanently remove your criminal record. What it does do is seal your record from public view, which grants you the ability to deny your arrest and conviction on applications and when being questioned by landlords, employers and others. However, even under an Order of Non-disclosure, law enforcement and court authorities can still access your criminal record and use the information against you if you are arrested for criminal charges in the future.

In order to obtain an order, a petition must be researched and filed with the Court along with the appropriate filing fee. Eligible individuals include those who have been convicted of certain felonies or misdemeanors and received deferred adjudication probation. If the probation is successfully completed, without additional arrests, you may be eligible to request a non-disclosure order.

When will I become eligible?

Eligibility is not automatic or immediate. In each case, there are certain waiting periods that must be completed before you can file a petition for a non-disclosure order. These waiting periods are as follows:

• Misdemeanor Offenses - If you have completed a deferred adjudication probation for certain misdemeanors, the waiting period is 2 years from the date you complete your probation and your case is dismissed.
• All Other Misdemeanor Offenses - You may file immediately upon completion of your probation and dismissal of your case, with no waiting period, for any misdemeanor not listed above.
• Felony Offenses - For most felony offenses, you must wait 5 years from the date of discharge from probation and the dismissal of the case to apply for Non-disclosure of your record.
• Prohibited Felony Offenses - If you have received deferred adjudication for certain felony offenses you are NOT eligible to seek Non-disclosure

Will anyone still have access to my records?

The Non-disclosure statute still allows DPS to grant access to your criminal history record information only to the following parties:

• Criminal justice agencies
• Non-criminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history information, and
• You

All other persons and groups are denied access to your records. Even the existence of the Non-disclosure Order is sealed. Persons who violate an Order will be subject to civil sanctions by the Attorney General's Office - a first offense will generate a warning; subsequent violations will generate a civil penalty of $500 each.

Retain compassionate representation today!

By completing a Deferred Adjudication probation you have demonstrated that you are the kind of person who is entitled to a second chance at establishing a successful future for you and your family. Call a San Antonio criminal defense lawyer at (210) 460-1221 today for a free consultation to have us begin the process of determining if your records can be sealed via an Order of Non-disclosure.