Being accused of a crime is a harrowing experience for anyone. Not only will a person have to contend with the prosecution, he or she will have to deal with the social fallout of being accused of a crime.
If a person pleads guilty or is convicted of a crime, he or she faces additional challenges. Aside from the social stigma associated with criminal conviction, there are employment challenges, as well. Often, an employer will perform a background check to determine whether a candidate or potential candidate committed a crime. Just the thought of a potential employer conducting a background check keeps many people away from even looking for a job.
Determining and finding criminal convictions are as easy as ever. There are a number of companies located throughout the world that specialize in obtaining this type of information. An employer need merely contact these companies and provide a name and in a few days have information discussing brushes with law enforcement.
Therefore, if you have been convicted of a crime or entered a guilty plea to a crime, you may be able to seal the record associated with your conviction wherein potential employers may not have access to such information.
To seal a criminal record, one must obtain a non-disclosure order from a Texas court. Note that it is not easy to obtain such an order. A non-disclosure order bars the police and courts from disclosing criminal records.
To be eligible for a non-disclosure order, one must satisfy the following six conditions:
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The court placed the convicted individual on “deferred adjudication” supervision. A deferred adjudication is a probation process that is ordered by a judge. It provides the defendant with a chance to plead guilty but the judge does not enter a guilty plea; instead, the judge defers the case subject to the defendant completing prescribed requirements of the probation.
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One must have completed the deferred adjudication. Upon completion, the deferred adjudication only shows an arrest but does not show guilt even though the defendant admitted to guilt. See above.
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The offense in question must be one that is subject to deferred adjudication.
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The applicant must have no disqualifying criminal history. For instance, a convicted sex offender who may otherwise qualify for an order of non-disclosure will not qualify because the sex offense disqualifies him or her from the non-disclosure order.
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The person applying for a non-disclosure order must wait a prescribed statutory time before applying for an order of non-disclosure. For felonies, it is a five-year wait period from the time of discharge and for a misdemeanor it is typically two years from the time of discharge.
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There must be no other convictions since the time of the offense. Note that a fine-only offense is not considered a disqualifying conviction for this element.
Accused of a crime? Guilty of a crime but looking for the best deal to allow you to get your life on track? Contact the criminal defense firm of Christopher Abel.
(image courtesy of Scott Webb)