Expunctions/Record Sealing:

If you’ve been arrested in the past, chances are high that a record of that event is kept in the public records of numerous State and Federal agencies. If your arrest was formalized into a criminal charge, the existence of a criminal record is virtually guaranteed. Even if your criminal matter was dismissed or no billed by a grand jury, a criminal record still exists and can be found by the average citizen with minimum effort. And don’t be fooled, it will come back to haunt you.

College admissions personnel, landlords, employers, credit bureaus and even paramours now routinely conduct extensive criminal background checks on citizens. The companies or investigators providing the background checks frequently misinterpret criminal records and provide faulty information that can damage a citizen’s lifestyle or career. The only safe outcome is to take any available opportunity to clear your criminal record wherever possible.

There are three primary tools used to clear a person’s criminal record:

• Expunction: An expunction is a civil lawsuit ordering all State and Federal Agencies to destroy all records relating to a citizen’s arrest. Expunctions are very restricted: those citizens whose cases were merely arrests, or whose charges were ultimately dismissed or no-billed by a grand jury are often eligible for expunctions.

• Orders of Non-Disclosure: An Order of Non-Disclosure is an order that effectively seals the records of arrest and dismissal for those citizens whose cases resulted in a successfully completed term of deferred adjudication. Not every type of deferred adjudication is eligible for an Order of Non-Disclosure, but many are. The Order is issued by the Court that placed the citizen on deferred adjudication and the decision to grant such a request is discretionary.

• Pardons: A Governor’s pardon is granted in those cases in which the Governor himself determines that a citizen should be entitled to a fresh start. It is available to every person convicted under Texas law and is limited only by the Governor himself. The application process is rigourous and is conducted by the Texas Board of Pardons and Paroles.

The Downey Law Firm has filed numerous requests for expunction and Orders of Non-Disclosure in Harris County, Texas. We have established a strong working relationship with the agencies handling expunctions and have streamlined the filing procedures to allow our eligible clients to receive an expunction in a matter of months.

We were one of the first law firms in Houston to receive an Order of Non-Disclosure for a citizen in Harris County, Texas when the opportunity to do so became available in September 2003.

We have successfully applied for a Governor’s pardon and presently have several applications pending before the Texas Board of Pardons and Paroles.

Please contact our office for more information about how you can clear your criminal record.