So, you were accused of a crime, placed on probation without conviction and are now free of state supervision. What may not been very sound legal advice years ago may not be the case today. Previously undiscoverable criminal histories are now haunting people many years later. You may find that your current employer of many years is suddenly asking you questions about a matter from which you had long since moved on.
It is common knowledge that a conviction means a permanent record of your offense available to both law enforcement and anyone else interested in your background-including potential employers and bank loan officers. However, most of us are unaware that a dismissed case also remains on your record-and can be reviewed by all. You may have long since moved on from your case and forgotten it; but this does not necessarily eliminate the prejudice that so often arises from discovery of your record. Indeed, even individuals falsely accused who received dismissals or acquittals still have a record.
In the past, it was often the case that your criminal record was difficult to fully obtain. Fundamentally, this had to do with the realities of the pre-internet world. Employers and schools were less likely find a dismissed case. Many times they only searched for final convictions.
The world has changed, however. With the advent of the internet, information is cheap and easy to obtain. The ability to search, archive, and cross-reference throughout vast networks has given rise to what many see as a loss in personal privacy. Whatever one's opinion, the reality remains; your history is available to all who care to pursue it; whether your case was dismissed or not.
However, all is not lost-there is in fact more than one way that your criminal history can be either sealed or erased (expunged) altogether. It is important to understand the various possibilities for this, their differences, and their efficacy.
The ideal situation, of course, is a complete erasure of one's record. Under Texas law, this is known as an expunction. A successful expunction would mean not only that no one could see evidence of your criminal case, but that it in fact no longer exists. This area of law is codified at the following link:
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm
Clearly, expunction is no simple matter. Reading statutory law is not easy and requires an experienced practitioner to interpret it. In order to expunge, a number of requirements must be satisfied.
Sometimes, expunction is not possible. However, there are several other ways to seek relief. One of these is known as a "petition for non-disclosure", or "sealing" of records. This petition functions much like an expunction, but it does not clear your record. Moreover, many governmental licensing boards (e.g. State Bar Association, Board of Education, Nursing Board, etc.) are exempted from this statute-meaning they may still review your case information. While this avenue of relief is fraught with exceptions and short-comings, it can still function perfectly well for a variety of job and career paths. Click the following link and scroll down to 'SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION' to see the pertinent statute:
http://law.justia.com/texas/codes/gv/004.00.000411.00.html
(This is a very long statute. Please scroll to ยง 411.081. APPLICATION OF SUBCHAPTER, which is the pertinent part of the statute, as well as its subsequent sections dealing with its application and the exceptions thereto.)
After reviewing that statute, you may want to browse through the subsequent sections, which further explain and narrow this law's applicability.
Where neither expunction nor non-disclosure in some circumstances is possible, there remains yet another option. This is the Section 11.072: Post Conviction Relief. This statute is a codification of the common law post-conviction writ of habeas corpus. To file this writ is to seek extraordinary relief from a final conviction. Rarely is this exercised and even more rarely is it granted. Nevertheless, given the right facts and circumstances surrounding your case, such relief could be available to you. To see the statute on the subject, click the following link:
http://law.justia.com/texas/codes/cr/001.00.000011.00.html
Each of these means of cleaning up your record requires different circumstances and case dispositions. You should avail yourself of the advice of an experienced practitioner who can help guide you through this statutory landscape.
Contact a San Antonio Criminal Defense Attorney to learn more.