Hiring a San Antonio Texas Criminal Lawyer to Get Your Texas Criminal Record Sealed

The formal term for getting your record sealed is a Petition for Nondisclosure but most people refer to sealing your record so we'll use those terms.  Understand that wiping your record completely clean by getting an expunction would be included in this discussion (your record is destroyed) but we're only focusing on sealing your record in Texas - which is different.

How to Get Your Record Sealed in Texas

Getting your record sealed in Texas is subject to many restrictions and hurdles. Let's first divide record seals between felonies and misdemeanors.  A record seal is only available for a felony if the defendant successfully completed the deferred adjudication process.  Once completed, a defendant will then have five years to file a petition for non disclosure (again, the formal wording).

For misdemeanors, it's a little bit easier to get your record sealed in Texas - as you might expect (misdemeanors are lesser offenses so the process of getting them sealed takes less effort).  In general, misdemeanors can be sealed from your Texas criminal record immediately after you successfully complete deferred adjudication.

Many defendants mistakenly believe that their criminal record will be erased after they complete deferred adjudication.  This is not the case and many people are shocked to learn that even after a successful completion of deferred adjudication, their Texas criminal record is still public after a Texas criminal background check. 

The guidelines above for getting your felony record sealed or misdemeanor sealed are subject to exceptions.  For example, depending on the crime you opted for deferred adjudication on, you may not be eligible to have your record sealed.  Also, some misdemeanor charges require a two year waiting period before you can get your Texas criminal record sealed.

Getting Your Texas Criminal Record Sealed

To get your Texas criminal record sealed, have a criminal attorney file a motion for non-disclosure with the court that handled your criminal case.  Once the motion is filed, a hearing will be set to argue whether or not you will be able to have your record sealed.  (Keep in mind, you may be going for an expunction which is similar but still different.) There will not be a jury hearing.

If the court decides in favor of granting a non-disclosure, your records will be sealed to the general public.  However, government agencies will still be able to look-up your criminal past.

San Antonio TX criminal attorney Carl Lobitz has successfully handled many petitions for nondisclosure in Texas.  If you would like a free consultation to discuss the possibility of getting your record sealed or getting your record completely wiped clean (expunction),visit CarlLobitz.com.

Read more about Texas Expunctions.