Criminal Record Clearing
Everyone makes mistakes, but those mistakes from the past should not prevent you from having a future. If you have a criminal record, it can prevent you from passing background checks for jobs, housing, student financial aid, and even volunteer work among other things. Wade B. Smith helps clients clear their criminal records, so that they can put the past behind them.
Some Helpful Information:
What is the difference between an expunction and a nondisclosure?
An expunction will result in any record of your case or arrest being deleted by all law enforcement and criminal justice agencies.
A nondisclosure will result in your record being sealed and prevents any criminal justice agency from disclosing your criminal record to the public, but will still be maintained and available for use by some governmental agencies.
The outcome or resolution of the case will determine whether your case is eligible for an expunction or nondisclosure.
Doesn’t my record get automatically erased?
No. Nothing happens automatically. A common misconception is that arrests, dismissed cases, or completed probations are automatically erased, or that cases get erased after a certain number of years. THIS IS NOT TRUE. Having your record expunged or sealed is an entirely separate process that requires taking the proper steps to achieve. It does not happen automatically.
Another common misconception, or perhaps misinformation, is that ALL criminal cases can be expunged or sealed. Again, THIS IS NOT TRUE. Eligibility to be expunged or sealed is dependent upon a number of factors and requirements.
How Do I Know if My Case is Eligible?
Eligibility is determined by a number of different factors such as:
- What was the outcome of the case (i.e. Deferred adjudication, probation, jail time, pretrial diversion/intervention, dismissal, no-billed by a grand jury, acquitted at trial, etc.)?
- What was the specific offense?
- When the offense was committed?
- When was the case disposed of or resolved?
With all of these factors, determining eligibility can be a complicated matter, especially after some recent changes to the laws surrounding nondisclosures. Wade B. Smith is intimately familiar with the requirements for eligibility, so please contact my office and I will assist you in determining whether or not your case is eligible.
How Long Does it Take?
Expunctions generally take 3-6 months for final orders to be completed, depending upon the county. Nondisclosures generally take only a couple of weeks for a final order, again, depending upon the county.
PLEASE CONTACT MY OFFICE AT 281-755-2603 TO FIND OUT IF YOUR CASE IS ELIGIBLE AND GET THE PROCESS STARTED ON CLEARING UP YOUR CRIMINAL RECORD SO YOU CAN MOVE ON WITH YOUR LIFE. OR SEND YOUR INQUIRY VIA EMAIL TO WSMITH@WADESMITHLAW.COM – BE SURE TO INCLUDE YOUR FULL NAME, DATE OF BIRTH, AND THE COUNTY IN WHICH YOU WERE CHARGED.