Seal Records | Houston, Texas
Houston Deferred Adjudication/Non-Disclosure Attorneys
A common misconception is that deferred adjudication records — juvenile or adult — are automatically removed from one’s criminal record when the period of probation is completed. The fact is, the only way to seal criminal records from public scrutiny is by way of court order. Consequently, the ball is in the probationer’s court to seek non-disclosure once the period of probation is complete.
At the Houston, Texas, Law Offices of Casey Garrett & Kirk Oncken, we will professionally pursue non-disclosure of your eligible records.
Sexual offenses, such as the following, cannot be sealed by law :
- Indecency with a child
- Sexual assault and aggravated sexual assault
- Prohibited sexual conduct (incest)
- Burglary of a habitation with intent to commit a sexual offense
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Attempt, conspiracy or solicitation to commit a sexual offense
Other offenses that cannot be sealed include:
- Aggravated kidnapping of an adult or a child under 17
- Capital murder
- Injury to a child, elderly individual or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate’s order
- Stalking
- Family violence charges
In addition to the record being one that is eligible for non-disclosure, you must also meet certain qualifications, and may have time constraints to meet for particular offenses. We can help.
Benefits of Sealing Criminal Records
Once final, the effect of an order of non-disclosure is that all law enforcement agencies, officials, and/or political subdivisions are obliged not to disclose the deferred adjudication record to anyone other than other criminal justice agencies for criminal justice or regulatory licensing purposes, and/or you. The sealed criminal record is treated for all purposes other than subsequent criminal prosecutions as if it had never occurred
How Does Sealing a Criminal Record Differ From Expunctions?
There is a difference between expunction and record sealing. Expunctions are available on cases that have been dismissed or no-billed or for people who have been acquitted. Record Sealing is available for people who have successfully completed a deferred adjudication for certain offenses. Expunctions result in the computer destruction of the records while record sealing results in the information being sealed away from public view.
