What Does It Mean To Seal An Arrest Record in Texas?

Sealing an arrest record in Texas, also known as obtaining an order of nondisclosure, offers a way to minimize the impact of an arrest on your future. Even if charges were dropped or you were acquitted, an arrest record can still affect your life by showing up in background checks conducted by employers, landlords, and educational institutions. Sealing the record helps mitigate these effects by making the record inaccessible to the public.

What Is sealing an arrest record?

In Texas, sealing an arrest record or obtaining an order of nondisclosure differs from an expunction, which completely erases an arrest from your record. Sealing your record does not erase it but makes it inaccessible to the public. Law enforcement agencies, government officials, and certain licensing boards may still access the sealed records, but they will not appear in background checks for most private entities. As a result, sealing your records allows you to legally deny the arrest or related charges in most situations, helping to avoid the stigma and obstacles associated with a criminal record.

Who is eligible to seal their arrest record?

Not everyone is eligible to have their arrest record sealed in Texas. Eligibility depends on several factors, including the nature of the offense, the outcome of the case, and your criminal history. Here is a breakdown of the key eligibility requirements:

• Deferred adjudication: In many cases, individuals who complete deferred adjudication probation can have their arrest record sealed. Deferred adjudication is a type of probation where the judge defers a finding of guilt and places the defendant on probation. If the person completes the probation, the court case dismisses the case without a conviction.
• Type of offense: Certain offenses are not eligible for nondisclosure, even if deferred adjudication was granted. These typically include serious offenses such as murder, kidnapping, human trafficking, and sex offenses requiring registration as a sex offender. Additionally, if you have been convicted of or placed on deferred adjudication for certain other offenses like family violence or stalking, you may not be eligible to seal your record.
• Waiting period: Depending on the offense, there may be a waiting period before you can apply to seal your record. For some misdemeanor offenses, you may be eligible immediately upon completion of deferred adjudication. For others, especially felonies, there may be a waiting period of five years after the completion of probation before you can petition for an order of nondisclosure.
• No additional convictions: To be eligible for record sealing, you must not have been convicted of or placed on deferred adjudication for any other offenses during the waiting period. This includes offenses other than minor traffic violations.

The process of sealing an arrest record

Sealing an arrest record in Texas involves several steps, and our Killeen criminal defense attorneys can guide you through each one to ensure the process goes as smoothly as possible. Here’s what to expect:

• Determining eligibility: The first step is to determine whether you are eligible for an order of nondisclosure. This involves reviewing your criminal record, the details of your arrest, and the outcome of your case. If you meet the eligibility criteria, we can proceed with the petition.
• Filing the petition: If you are eligible, the next step is to file a petition for an order of nondisclosure with the court that handled your case. The petition must include detailed information about your arrest, the charges, the outcome of your case, and why you believe you are entitled to have your record sealed.
• Court review: After the petition is filed, the court will review it and may schedule a hearing to consider your request. During the hearing, the judge will consider factors such as the nature of the offense, your criminal history, and whether sealing your record is in the best interest of justice.
• Granting the order: If the judge grants the order of nondisclosure, it will be sent to the Texas Department of Public Safety (DPS) and any other agencies that have your arrest record. These agencies will then seal the record, making it inaccessible to the public.
• Impact of the order: Once your record is sealed, you can legally deny the arrest or charge in most situations. However, as mentioned earlier, certain government agencies and licensing boards may still have access to the sealed records.

Benefits of sealing an arrest record

Sealing an arrest record in Texas can have a huge impact on your life, providing you with the opportunity to move forward without the burden of a criminal record. Here are some of the benefits available to you:

• Employment opportunities: One key benefit of sealing your arrest record is the impact it can have on your employment prospects. Many employers conduct background checks, and your arrest record can be a major barrier to finding a job. Once your record is sealed, it will not appear on most background checks, and you can legally deny the arrest, giving you a better chance of securing employment.
• Housing opportunities: Landlords conduct background checks on prospective tenants, and an arrest record can lead to a denial of housing. Sealing your record can help you avoid this issue and increase your chances of finding a place to live.
• Educational opportunities: Colleges and universities may also conduct background checks on applicants, and an arrest record could impact your ability to enroll in certain programs. Sealing your record can remove this barrier and open up more educational opportunities.
• Licensing and certification: If you are seeking a professional license or certification, such as a license to practice law, medicine, or nursing, a criminal record could prevent you from obtaining the necessary credentials. Sealing your arrest record can improve your chances of getting licensed and pursuing your chosen career.
• Peace of mind: Beyond the tangible benefits, sealing your arrest record can provide you with peace of mind. Knowing that your past mistakes won’t haunt you every time someone runs a background check can help you move forward with confidence and focus on building a better future.

Challenges and considerations

While sealing an arrest record can offer many benefits, you should be aware of the challenges and limitations of the process. Here are some key considerations:

• Not all records can be sealed: As mentioned earlier, not all arrest records are eligible for sealing. If your offense is not eligible, you may need to explore other options, such as expunction or seeking a pardon, although these options are generally more limited and challenging to obtain. Talk to our Killeen criminal defense attorneys today to find out if you are eligible.
• Government access: Even after your record is sealed, certain government agencies and licensing boards may still have access to it. This means that in some situations, such as applying for a government job or a professional license, your sealed record could still come into play.
• Legal fees and costs: Sealing an arrest record involves legal fees and court costs, which can be a barrier for some individuals. However, the long-term benefits of having your record sealed often outweigh the initial costs, making it a worthwhile investment in your future.
• Time and patience: The process of sealing an arrest record can take time, particularly if a court hearing is required. It’s important to be patient and work closely with your attorney to ensure that everything is handled properly.
• Future arrests: If you are arrested again after your record has been sealed, the sealed record could potentially be used against you in future proceedings, particularly if the new offense is similar in nature to the sealed offense.

How our Killeen criminal defense attorneys can help

Navigating the process of sealing an arrest record in Texas can be complex and challenging. At Mary Beth Harrell Criminal Defense and DWI Lawyers, our role is to guide you through every step of the process, from determining your eligibility to filing the petition and representing you in court if necessary. We will work diligently to ensure that your rights are protected and that you have the best possible chance of obtaining an order of nondisclosure.

We also understand that dealing with a criminal record can be a stressful and emotional experience. That’s why we’re committed to providing compassionate and personalized legal representation.

If you have an arrest record in Texas, you don’t have to let it define your future. Sealing your arrest record can provide you with a fresh start in your personal and professional life. Whether you’re seeking employment, housing, education, or simply peace of mind, obtaining an order of nondisclosure can help you move forward with confidence.

Don’t wait to take control of your future. Contact the experienced Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers today to discuss your options for sealing your arrest record. With the right legal guidance and support, you can overcome the challenges of your past and build a brighter future for yourself and your loved ones. To schedule a meeting with a skilled lawyer, call our offices or fill out our contact form. We maintain an additional office in Copperas Cove and proudly serve Belton, Harker Heights, Bell County, and Coryell County.