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Process for Clearing Criminal Records
Do you have incidents from your past that keep appearing on criminal
history checks? Are they preventing you from getting a job, leasing an
apartment, or buying a house? If so, then you should really spend some
time investigating the possibility of having them cleared from your
permanent record. There are a number of requirements and steps to have
something cleared from your record but it will be worth the effort once
they are gone!
There are specific legal methods for clearing or sealing criminal
records in Texas. The main categories include:
1) Expunctions
2) Orders of
Nondisclosure
3) Sealing of
Juvenile Records
4) Identity Theft
Expunctions
Texas laws allow for the expunction (or clearing) of arrest records,
court records, and criminal history record information. The
requirements and procedures for expunctions can be found in Chapter 55
of the Texas Code of Criminal Procedure. The following is an excerpt
from that chapter:
"Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed
under a custodial or noncustodial arrest for commission of either a
felony or misdemeanor is entitled to have all records and files
relating to the arrest expunged if:
(1)
the person is tried for the offense for which the person was
arrested and is:
(A) acquitted by the trial court, except as provided by Subsection
(c) of this section; or
(B) convicted and subsequently pardoned; or"……
The full version for Chapter 55 of the Texas Code of Criminal
Procedure can be found at the following link:
http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm.
Orders of Nondisclosure
In Texas, an order of disclosure prohibits criminal justice
agencies from releasing to the public criminal history record
information related to an offense. The requirements and procedures for
an order of nondisclosure can be found in Texas Government Code Section
411.081. The following is an excerpt from that section:
......"(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community supervision
under Section 5, Article 42.12, Code of Criminal Procedure,
subsequently receives a discharge and dismissal under Section 5(c),
Article 42.12, and satisfies the requirements of Subsection (e), the
person may petition the court that placed the defendant on deferred
adjudication for an order of nondisclosure under this subsection"……
The full version for the Texas Government Code Section 411.081 can be
found at the following link:
http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.004.00.000411.00.htm#411.081.00.
Sealing of Juvenile Records
Texas laws allow for sealing of juvenile records under certain
circumstances. Juvenile records that are ordered sealed by the court
are removed from the criminal history database. The requirements and
procedures for sealing of juvenile records can be found in the
Family Code Section 58.003. The following is an excerpt from that
section:
"§
58.003. SEALING OF RECORDS. (a) Except as provided by Subsections
(b) and (c), on the application of a person who has been found to
have engaged in delinquent conduct or conduct indicating a need for
supervision, or a person taken into custody to determine whether the
person engaged in delinquent conduct or conduct indicating a need
for supervision, on the juvenile court's own motion the court shall
order the sealing of the records in the case if the court finds
that:
(1) two
years have elapsed since final discharge of the person or since the
last official action in the person's case if there was no
adjudication; and
(2) since the time specified in Subdivision (1), the person has not
been convicted of a felony or a misdemeanor involving moral
turpitude or found to have engaged in delinquent conduct or conduct
indicating a need for supervision and no proceeding is pending
seeking conviction or adjudication"……
The full version for the
Texas Government Code Section 411.081 can be found at the following
link:
http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.003.00.000058.00.htm#58.003.00
Identity Theft
There are options to clear your name if you have become the victim
of identity theft. Depending on your circumstances, there are different
steps you will need to take to clear your name:
- If someone has secured credit, made a purchase, or conducted
similar activities in your name, there are several possible actions
you may need to take. Some of these activities may include
notifying the appropriate law enforcement agencies, your bank,
credit reporting agencies, and even merchants. The following link
has additional information about handling identity theft in these
situations:
http://www.txdps.state.tx.us/administration/driver_licensing_control/idtheft/idtheft2.htm
- If someone was arrested and falsely gave your name as their own,
then there are legal procedures you will need to follow to have the
issue resolved.
- There are provisions in Chapter 55 of the Texas Code of Criminal
Procedure to expunge arrest information for a victim of identify
theft. The following is an excerpt from that chapter:
……"(d) A person is
entitled to have any information that identifies the person,
including the person's name, address, date of birth, driver's
license number, and social security number, contained in records and
files relating to the arrest of another person expunged if:
(1) the information identifying the person asserting the entitlement
to expunction was falsely given by the person arrested as the
arrested person's identifying information without the consent of the
person asserting the entitlement; and
(2) the only reason for the information identifying the person
asserting the entitlement being contained in the arrest records and
files of the person arrested is that the information was falsely
given by the person arrested as the arrested person's identifying
information"…….
The full version for Chapter 55 of the Texas Code of Criminal
Procedure can be found at the following link:
http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm.
- You can also establish an identity file with the sheriff of the
county in which you reside. Information about establishing an
identify file are covered in Government Code § 411.0421. The
following is an excerpt from that code:
"§ 411.0421.
INFORMATION REGARDING FRAUDULENT USE OF IDENTIFICATION. (a) The
department shall create a record of each individual who:
(1) in conjunction
with the attorney representing the state in the prosecution of
felonies in the county in which the individual resides and the
sheriff of that county or, if the individual is not a resident of a
county in this state, the attorney and sheriff in a county that the
individual frequents, signs a declaration that the individual's
identity has been used by another person to frustrate proper law
enforcement without the individual's consent; and"……
The full version for
Government Code § 411.0421 can be found at the following link:
http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.004.00.000411.00.htm#411.0421.00.
Summary
It is possible to clear or seal records related to criminal records if
you meet certain requirements. The process to determine if you meet the
requirements and the ability to follow the proper procedures can be
difficult. You should seek the advice and counsel of someone familiar
with determining eligibility and following the
appropriate procedures.
**The author of this article is not an attorney and this article
should not be considered legal advice. Any information contained within
this article should be verified with your legal representative and the
appropriate laws.
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