Austin Expunction and Non-Disclosure Lawyers
Expunctions & Record Sealing
Many people don’t realize that even if you are not ultimately convicted, your arrest or dismissal will be on your record for the rest of your life in the Texas Department of Public Safety Computerized Criminal History System. Many people also (incorrectly) assume that after completing deferred adjudication, the record of your conviction will “disappear” from their criminal history. This is not the case. If you have not taken any steps to clear a record from your criminal history, it can still be seen by employers or anyone else who performs a simple background check.
Central Texas Record Sealing Attorneys
Having a charge from an arrest or dismissal on your background can have devastating consequences. Let the lawyers at Smith & Vinson Law Firm work for you to clear your record. We work to seal client’s records in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and around the Central Texas area.
Contact our Austin expunction & record sealing lawyers now for a free consultation at (512) 359-3743.
In Texas, there are two possible methods for clearing your criminal history: Order of Expunction and Order of Non-Disclosure.
Texas Order of Expunction
An order of expunction will erase your criminal record. There are only a few situations in which you can get an order of expunction. These are:
- You were found not guilty at trial
- Your charges were dismissed
- You got a deferred disposition on a Class C Misdemeanor
- You won on appeal
- You were granted a pardon by the governor
If you were found not guilty at trial, had your charges dismissed or were granted a deferred disposition on a Class C Misdemeanor call the Austin expunction & record sealing attorneys at Smith & Vinson Law Firm today and set up a free consultation. We will review your case to determine if you are eligible for an expunction or an order of non-disclosure.
Please note: Convicted cases cannot be expunged.
Texas Order of Non-Disclosure
In cases where you have completed deferred adjudication, an Order of Non-Disclosure will “seal” your records, so that the general public cannot see it. Sealed records can still be viewed by criminal justice agencies. It is important to note that judges have complete discretion in whether to grant Orders of Non-Disclosure and can do so only “in the best interest of justice.” For this reason, it is important that you not attempt to handle an Order of Non-Disclosure without the assistance of an Austin expunction lawyer.
Some additional restrictions you should note are:
- For certain Class A and Class B Misdemeanors, there is a 2 year waiting period after completing deferred adjudication
- For felonies, this waiting period is 5 years
- Certain crimes are not able to be sealed, such as DWI, murder, aggravated kidnapping, sex offense, or family violence
Who can petition the court to seal their DWI under HB 3016?
- Never been convicted or placed on deferred adjudication for anything besides minor traffic violations
- Successfully completed DWI probation
- Waiting period has elapsed: 2 years if the person successfully completed a period of at least six months with an ignition interlock device as a part of the sentence; OR 5 years if there was no interlock requirement as part of the sentence
What disqualifies someone from sealing their past DWI conviction under HB 3016?
- The DWI offense was a 2nd or more
- The DWI involved a breath or blood test greater than .15
- The DWI involved a crash or injury to another person
This is really big news for so many people who have a DWI conviction on their record and have lost countless job opportunities.
In order to maintain your personal and professional reputation, it is important to keep your criminal record free of items that do not belong there. Call our Austin expunction & record sealing attorneys from Smith & Vinson Law Firm today and let a competent and experienced Austin expunction lawyer take a look at your situation. We will fight for you to make sure the past remains in the past so that you can move on with your life.
Expunction Attorneys in Austin, Texas Protecting Your Rights
If you need your records sealed in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.
At Smith & Vinson Law Firm, we take your case seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.
Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
Case Dismissed Felony POCS & Probation Violation
Our client was charged with an POCS 3rd degree felony while on probation in another county for a DWI 2nd. The car he was in was pulled over and, after officers obtained the consent of the driver, the car was searched. The police found cocaine in the vehicle and our client took responsibility.
Charges Dismissed Sexual Assault
Our client met a woman on a dating app who claimed that she was sexually assaulted. We assisted our client in interviewing with the police. He was facing up to 20 years in prison and lifetime sex offender registration. After Smith and Vinson's thorough review of the case and careful negotiations, the case against him was dismissed by the District Attorney's Office.
Case Dismissed Aggravated Assault w/ Deadly Weapon
Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.
Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.