I clear my record?"
If you qualify,
Houston criminal law attorney, Frank Svetlik, can help you to expunge your Harris
record. The record of a criminal case can have a long term adverse affect on your
future employment as well as carrying a crippling social stigma.
Often, the record of a criminal case
can be expunged under certain circumstances. Houston lawyer
Frank Svetlik can assist you in determining if an expunction may be possible to
clear your record. Put Houston attorney Frank Svetlik's experience
in the Harris County Criminal Courts to work for you to help you expunge your
Offices of Frank Svetlik
What Circumstances Can I Expunge My Record?
law attorney Frank Svetlik believes you should know your rights concerning the expungement of your criminal case. Some of the situations where you may
qualify to expunge a criminal case include:
Acquittal - Found not guilty after trial or after an appeal:
If you are found not guilty after a trial on the charges or an appellate court
enters a judgment of acquittal and certain other conditions exist such as not
having been charged with a felony within the five years preceding the date of
the arrest sought to be expunged and the matter not being part of a criminal
episode then you may have a right to have the record of your arrest and trial
expunged. The court is required to advise you that you have these rights when
you are acquitted.
The expunction procedure is required to be conducted by a district court in the
county where the trial occurred. If a district court presided over the trial
that court has the power to enter the order of expungement. In many counties
misdemeanors are handled by county courts. In such counties, including Harris
County, to expunge records of arrest for a misdemeanor handled by a county
court, a separate civil suit must be filed in a district court requesting the
order of expungement. The filing fees are set by the state and county and
generally exceed $225.00.
charge - If an arrest is not followed by charges being filed:
prosecuting authorities (Harris County District Attorney) have not presented an indictment or information charging
you with a crime and the time for prosecuting such a crime has passed and you
have not been charged with a felony within the five years preceding the date of
the arrest sought to be expunged, then you have a right to have the record of
your arrest expunged.
In some instances the dismissal of an indictment or the dropping of charges may
authorize the Harris County District Court to grant expunction whether before or
after the statute of limitations barring prosecution has expired.
of Non-disclosure following Deferred Adjudication: Seal Criminal Record
completion of a deferred adjudication in Harris County does not, without further action, seal the
record of the arrest or conviction. An application for an Order of
Non-disclosure must be made. You cannot have had any law enforcement related
problems since your deferred adjudication was granted. Certain crimes such as
those classified as murder, sex offender or family violence crimes are not
eligible for an order of nondisclosure.
The petition for
an order of non-disclosure cannot be filed until five years have passed after
completion of the deferred adjudication for a felony. The court may require two
years to have passed after completion of deferred adjudication for a misdemeanor
before permitting a petition for an order of nondisclosure but in some instances
may permit the filing immediately. If the order is granted the law enforcement
agencies which had previously had some record of the arrest and deferred
adjudication are prohibited from disclosing the information to outside parties.
The non-disclosure order permits you to deny the arrest except in future
criminal prosecutions. The nondisclosure order does no apply to all parties.
Certain governmental agencies may have access to the record of your arrest and
some licensing entities such as those for lawyers and nurses and other
authorities such as those hiring teachers and reviewing applications to adopt a
child are authorized to obtain the information about the charges and arrest.
information about clearing your record, expunction or a non-disclosure order, contact:
Offices of Frank Svetlik
Riverway, Suite 1700
Houston, Texas 77056
in Houston Texas.
Also in Dallas,
San Antonio, Ft Worth, El Paso
Additional Legal and DWI Resources:
Certified by the Texas Board of Legal Specialization.