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.
Contact our office today for a free initial consultation. Our Austin expunction lawyers can be reached at (512) 359-3743.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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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.
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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
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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.
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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
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Case Dismissed Assault Family Violence
Our client was drinking and watching sports with his girlfriend when they got into a heated argument. The argument escalated, and our client left in order to avoid further trouble. A neighbor called the police and our client’s girlfriend made a statement alleging that our client had assaulted her.
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Charges Reduced Intoxication Assault Causing Serious Bodily Injury
Our client was charged with 5 Felony Counts including Intoxication Assault causing Serious Bodily Injury after being involved in a vehicle/pedicab accident that injured 3 people, one with life-threatening injuries. The arresting agency obtained a blood search warrant from our client and he was facing 5 felony counts.
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Case Dismissed Assault Family Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.