Friday, August 31, 2012

insight Expungement and Non-Disclosure Orders and Eligibility

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Clearing Your Criminal article in Texas

insight Expungement and Non-Disclosure Orders and Eligibility

More employers and landlords are routinely conducting background checks today. Having a criminal history can make it harder to get a job or rent an apartment. Clearing your criminal article may become considerable and there are a incorporate of ways this can be done. The laws in Texas allow defendants to pursue an Order of Non-Disclosure apply to have the records sealed through expungement.

What is An Order of Non-Disclosure and Who is Eligible?

An order of non-disclosure is the process of sealing a criminal article from group view. This is available for defendants who have been given deferred adjudication and completed all of the court-ordered probation terms, such as performing society assistance or paying a fine. An order of non-disclosure does not destroy the records. It restricts when and who the material can be given to. An order of non-disclosure will prohibit a criminal justice group from disclosing the records to the general public. Whatever who violates the order will be branch to civil penalties by the Attorney General.

What Records Can Be Expunged?

An expungement can be obtained when there is whether an acquittal or a dismissal in a criminal case. However, the arrest article will still exist and the only way to remove it is through expungement. This process allows all records related to the arrest to be destroyed. You can deny both the arrest and the existence of the expunction order unless one of the following applies:

• You are applying for a job with the United States government

• You are applying for a job with a law promulgation agency

• You are being questioned under oath in a criminal proceeding about the arrest. You are only allowed to say that the matter has been expunged.

Who is Eligible For An Expungement?

To be eligible for an expunction in Texas, one of the following criteria must be met:

• You were found "not-guilty" after a criminal trial.

• You were arrested for a crime but never charged with an indictment.

• The charge against you is no longer pending.

• You have not been convicted of a felony offense in the five years preceding your arrest date.

• The indictment or charging information was quashed or dismissed.

• You were convicted but were later given a pardon by the governor.

• You were acquitted by a Court of Appeals

• You completed deferred adjudication for a Class C misdemeanor offense.

• an additional one person stole your identity and the criminal article is mistakenly attached to your identity.

The typical expunction process regularly takes a few months to complete. You should contact a criminal defense attorney to discuss the details about your singular case.

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