Expunction and Nondisclosure

 
 

Expungement and Criminal Records Protection Under Texas Law

Given the generally suburban demographics of Fort Bend County, we don't see too many hardened criminals at the Law Office of Larry P. McDougal. Most of our clients are hardworking citizens, often in highly responsible occupations, who encountered a single serious contact with the criminal justice system on charges related to drugs, drunk driving or family violence.

Our clients usually have a lot to lose and have a high interest in pursuing their rights to expungement or nondisclosure of their criminal records whenever possible. To learn how you can benefit from the advice of a lawyer who understands the procedures involved with expungement and nondisclosure, contact our office in Richmond for a free consultation.

Expungement (or expunction as it's termed in the Texas statutes) is a difficult remedy to achieve, but it essentially wipes out the whole of a criminal arrest and prosecution record. Your record can be expunged if you were not convicted of the charge, if a conviction was overturned on appeal, or if you were convicted and later pardoned. You also need to have maintained a clean criminal record for at least five years after the incident you want expunged.

Nondisclosure of Criminal Records

Criminal defense attorney Larry McDougal also advises clients about the less comprehensive but still useful alternative known as nondisclosure of criminal records. Nondisclosure keeps employers, landlords, lenders and other members of the general public from getting access to the records of a particular criminal prosecution.

To qualify for an order of nondisclosure, you need to complete the conditions of a deferred adjudication, which is basically when the judge withholds a finding of guilt if you stay out of further trouble for a period of one or two years. Successful completion of a deferred adjudication generally results in the dismissal of the original criminal charge. That's when you get the chance to apply for nondisclosure.

There's a lot of fine print involved with both expungement and nondisclosure as to eligibility, timing and other conditions. Keep in mind as well that not all criminal offenses are eligible for these remedies. Whenever possible, however, we represent our clients on a criminal charge so as to protect the right to expungement or nondisclosure to the greatest extent possible.

Call 281-725-6025 for Advice About Criminal Record Expungement

For a free consultation about your right to expungement or nondisclosure on a current offense or an old criminal case, contact the Law Office of Larry P. McDougal in Richmond.