A criminal record can affect every aspect of your life, including your future, career, and personal life. Your criminal record reflects not only any crimes of which you have been convicted but also any arrests – whether they led to charges or not.
Generally, criminal records are a matter of public record, which means that prospective employers, landlords, and others have access if they care to look the information up – which many do. However, there are instances when criminal records can be sealed, which is officially called nondisclosure.
If you're interested in exploring whether your record is eligible for nondisclosure, reach out for the skilled legal guidance of an experienced Killeen criminal defense attorney today.
How Sealed Records Work
When a record is sealed, it means that the offense or offenses contained therein are hidden from the public’s prying eye, and government agencies are barred from distributing information about the sealed information to any parties who are not authorized to receive it.
If your record is sealed, it means that it is well within your legal right not to include the information in the sealed record on job applications, on rental agreements, or at any other time – the information is sealed for these purposes.
However, it’s important to note that a sealed record is still available within the criminal justice system, for some licensing purposes, and to some government agencies. In other words, the offense will remain on your record, but it won’t be disclosed for most practical purposes.
Sealing Your Record Differs from an Expungement
Many people confuse record sealing with expungement, but there is a significant difference between the two. If your criminal record is sealed, the information in the record is kept under seal, but it’s still there and can be accessed by those who are authorized to do so. If your record is expunged, the arrest or conviction on your record is removed from your record entirely.
Both nondisclosures and expungements are only available in specific situations that are guided by the jurisdiction that has authority over them. To learn more about these legal tools and how they can apply to your case, contact a skilled criminal defense attorney.
Sealing a Record in Texas
Every state has its own rules and regulations regarding what types of offenses and in what situations a record can be sealed. In the State of Texas, those offenses that end either in conviction or in what is deemed “regular” community service or probation lack eligibility for expungement but are sometimes eligible for nondisclosure.
A deferred adjudication for any of the following offenses cannot be sealed:
Committing any offense requiring registration as a sex offender
Causing injury to a child, senior citizen, or person who is disabled
Human trafficking
Abandoning or endangering a child
Committing any offense involving family violence
Violating court orders or conditions of bond for family violence, sexual abuse, or sexual assault charges
Even if a crime is eligible to be sealed, some circumstances will render a defendant ineligible for nondisclosure. If a defendant is convicted of or placed on deferred adjudication for any additional offenses from the date of the charge they are having sealed until they complete their related sentence or adjudication, they may be ineligible for nondisclosure.
There is also a waiting period of two years for certain misdemeanors and a five-year waiting period for eligible felonies.
Ultimately, the involved judge must find that sealing your record is in the interest of justice.
The Conditions Necessary for Sealing a Record in Texas
To be eligible for having your record sealed in Texas, each of the following conditions must apply:
The offense being sealed qualifies under Texas law.
You were placed on deferred adjudication for the charge in question, meaning you were not officially convicted of the crime.
You successfully completed the terms of your deferred adjudication, which means that you did not violate any terms or conditions that led to time behind bars or “regular” probation.
You were not convicted of another offense or placed on deferred adjudication for another offense from the date of the original deferred adjudication until the attendant discharge or dismissal date.
You don’t have additional charges on your record that don’t qualify for being sealed – even if you’re not attempting to seal them specifically.
Those who receive deferred adjudication probation in relation to domestic violence charges or sexually based offenses – while not deemed convicted under the law – are not eligible to file for nondisclosure.
Comparing and Contrasting Nondisclosures and Expungements
There are several primary distinctions between having a record sealed and having it expunged, and they are based on the level of protection from public disclosure you will have. Learn which legal tool might apply to your case by consulting a skilled criminal defense lawyer.
Having Your Record Sealed
If you have a record sealed, it will look like the arrest or conviction never happened – for public information purposes – but the records remain in place, accessible by court order and to specific government agencies.
Nondisclosure helps to ensure that your record is not available to the public at large or unauthorized agencies. If you’re attempting to seal more than one arrest, conviction, or case, they must all originate from the same criminal event and must have been addressed and resolved in the same manner.
Juvenile records are generally sealed automatically when the offender turns 18, but, like other sealed records, they remain available to those with access.
Having Your Record Expunged
Expungements take things considerably farther. An expungement clears the arrest or conviction from your record entirely. This legal tool is only available for the following charges:
Class C misdemeanors that end with deferred adjudication
Charges that do not lead to a conviction – regardless of the charge’s criminal level
Charges that aren’t filed
Charges for which you were acquitted
Charges for which you were pardoned
If the charge in question is a Class C misdemeanor, you must wait 180 days before applying for expungement. The wait extends to one year for Class A and B misdemeanors and three years for felonies.
If you were officially charged, you’ll need to wait until the statute of limitations for that crime has expired before you can have it expunged.
Deferred Adjudication
Deferred adjudication is a form of probation that only a judge can grant. Instead of spending time in jail, the deferment allows the defendant to remain free and to avoid a conviction – if they comply with the conditions imposed.
However, the deferred adjudication itself remains on the defendant’s record – even as the original charges are dismissed without a conviction. As such, the charge, the offense, and the sentence stay on the defendant’s record and can show up when potential employers, landlords, or anyone else with an interest in doing so does a public or private background search.
It is always a good idea to seal criminal records when possible. When sealing one’s record is an option, it can pave the way toward a future unburdened by a criminal record.
Filing to Have Your Record Sealed
There are instances when nondisclosure is intended to be automatic and other instances in which you’ll need to file to have your record sealed.
Automatic Nondisclosure
If you have a first misdemeanor charge – other than a traffic fine – that was dismissed and discharged after August 31, 2017, and you meet all the legal requirements, the judge is required to order automatic nondisclosure six months from the date you successfully complete your deferred adjudication.
While you shouldn’t have to file anything to make this happen, the reality is that you may need to nudge the court to seal your record.
Petition for Nondisclosure
If your eligible offense does not qualify for an automatic nondisclosure, you will need to petition the court to have it sealed. The process is complicated, and any errors on your part can thwart your eligibility, which makes working with a seasoned Killeen criminal defense attorney in your best interest.
Consider the Consequences
The Nation reports, "Texas wants to make it easier to fire people for criminal records.” In support of that claim, one of their recent articles references the account of a 61-year-old woman who lost her job.
The woman was just getting the hang of her new crossing guard position for a Texas elementary school when she was called into the HR office. When she arrived, she learned that an assault charge from her distant past – when she was 19 in 1975 – had surfaced during a background check, and she was let go.
The charge in question resulted from a fight she had been in as a teenager. The incident led to a charge of aggravated assault in the third degree. Since then, she has had no further brushes with the law, but the charge continues to plague her ability to obtain and hold a job over 40 years later.
Having a criminal charge on your record can have profound social consequences that negatively reverberate into your future in all of the following ways:
It can interfere with your ability to get and keep a new job.
It can decrease your social standing overall.
It can interfere with your ability to pursue higher education by making you ineligible for federal financial aid, making it difficult to gain acceptance into the college of your choice, and making you ineligible to live on campus.
It can interfere with your ability to rent a new place and with your ability to obtain a home loan.
It can affect your professional licensure, which could derail the career you have built for yourself.
Sealing a DWI Conviction in Texas
In some cases, a qualifying DWI conviction can be sealed in the State of Texas. When this happens, the Order of Nondisclosure means that the DWI charge will no longer show up on your record and that government entities are barred from sharing information about the charge with the public.
A First-Time DWI Conviction
Under certain circumstances, DWI convictions are eligible to be sealed. You may be able to seal your DWI conviction if all of the following circumstances apply to your situation:
The DWI conviction is your first.
The charge is not a felony charge.
You successfully complete your court-ordered supervision or confinement to jail.
If all of these circumstances apply to your case, contact a criminal defense lawyer for help getting your record sealed.
Factors that can disqualify you for nondisclosure related to a DWI include all the following circumstances:
You had a blood alcohol concentration (BAC) of .15 percent or higher. (The legal limit is .08 percent.)
The accident involved another person, even if the other person is a passenger in your vehicle.
You were charged with another offense after successfully completing your court-ordered penalties.
When a DWI Is a Felony in Texas
A DWI that is charged as a felony can't be sealed. Generally, a first or second DWI is a misdemeanor, but only a first DWI charge can be sealed in the State of Texas. Anyone who racks up a third DWI is facing a third-degree felony, which comes with from 2 to 10 years in prison and fines of up to $10,000.
There are also instances when a first-time DWI conviction can be a felony, including all the following circumstances:
A DWI with a child passenger (A child is defined as anyone who is under the age of 15.)
A DWI that causes serious bodily injury
A DWI that leads to death
It’s important to know that just because you are charged with a DWI does not mean you are guilty of DWI. No matter the circumstances of your case, bringing your strongest defense is always advised.
When charging for DWI, the state likes to start high and modify downward only in response to a robust defense. If you’re facing a DWI charge, it’s important to stand up for your rights, and if you have a first conviction on your record, it’s time to consider having it sealed. A seasoned Killeen criminal defense attorney can help you with both.
Discuss Your Case with an Experienced Killeen Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a dedicated criminal defense attorney who recognizes the important role that having a charge sealed can play in your future and who has the legal skill to help make that happen. For more information about what we can do to help, contact us online or call us at (254) 781-4222 today.