Expunctions and Non-Disclosures

Many people have been arrested at some point in their lives but the offense was never charged (for one of several different reason including that they didn't commit a crime), or it was dismissed (again - same parenthetical), or they were somehow released from the charge before or after they went into court through deferred adjudication or a diversion program through the court or prosecutor's office.  Although the charges may be gone, the record of your arrest stays on your criminal record until you do something about it.  

WHO CAN SEE THAT I HAVE BEEN ARRESTED BEFORE?

Anyone who checks your criminal background can see the arrest.  This included potential employers, apartment complexes where you may apply to live, government agencies including the police, and anyone else that is curious enough to check - such as potential girlfriends/boyfriend or their family or friend.  Anyone who sees an arrest on your criminal background is free to draw their own conclusion about it.  A potential employer or apartment manager may think that your arrest is no big deal.  However, they also could see a theft on your record from that time that you were at Target with friends and a friend that you hardly knew stole something and they arrested all of you with it until they found out who it actually stole it and then dismissed your charge and the other innocent parties, and conclude that you may be a thief and want nothing to do with you.  

BUT MY CHARGE WAS DISMISSED!

If it was then it will show as a dismissal on your criminal record, however the arrest will still show up on there.  Keep in mind though that most of the people who read your criminal record do not really know how to read it.  They may only see that you were arrested and what you were arrested for and not know what all the other stuff means.  Or, they may see that it is dismissed but not pay any attention to because there are a lot of reasons cases are dismissed other than that the person didn't do it, or not care and only use it to separate you negatively from other applicants.  As discussed above, someone reading your criminal record is free to draw any conclusion that they want from it.   The truth about what really happened, or the facts of the incident are not listed in a criminal background check.  

THAT ISN'T FAIR - IS THERE ANYTHING THAT I CAN DO?

Fortunately, there is.  There are remedies that may be available to people who have been arrested and the arrest has not resulted in conviction for a crime.  Those remedies are found in the Texas Code of Criminal Procedure and they are commonly called Expunction (or Expungement) and Non-Disclosure.   

Expunction and Non-disclosure are both procedural devices that someone who does not have a final conviction for a crime may be eligible for to clean up their criminal record.  Who is eligible for each and in what situations a person may be eligible are fact-dependent.  

If you believe that you may be eligible for Expunction or Non-disclosure, feel free to contact the office .  Rich will discuss possible remedies with you and can help you determine the likelihood of your eligibility.