A name-based criminal history check using the subject's identifiers including name, gender and date of birth that is requested through the Texas Department of Public Safety DPS database of crimes committed in Texas. Results consist of Texas-based arrests and dispositions, including convictions and cases with unknown dispositions, and may contain juvenile criminal history. Results consist of U. A subject's fingerprint submission may result in rejection.
If so, the process outlined below provides instructions and timeframes to complete each step:. As required by the Texas Family Code The Central Registry consists only of information gathered during Child Protective Services, Child Care Licensing, and Adult Protective Services facility investigations of child abuse and neglect in cases which were given a disposition of "reason to believe", and the person had a role of designated perpetrator or sustained perpetrator.
The report identifies one of the following outcomes with respect to the subject of the check, indicating the person:. Is listed as a sustained perpetrator of child abuse or neglect in a case. If you are a client of the Law Office of Kevin Bennett and you live outside of Austin or the State of Texas, Attorney Kevin Bennett will make every effort to have the court excuse your presence at the hearing.
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The process for expunction will usually take a few months from start to finish. To begin the process for expunction of records, one must first file a petition in district court. A hearing will be set no sooner than 30 days after the petition is filed.
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In Travis County, a hearing date is usually set about weeks from the date a petition is filed. If you are concerned about having to disclose the offense or having it discovered on a background check prior to it being expunged, Attorney Kevin Bennett will gladly write a letter on your behalf to explain that the offense will most likely expunged in the near future with an explanation of your rights under Texas expunction law if the order is granted. An expunction case will be given a hearing date at the time the petition for expunction is filed.
Therefore, the sooner a petition for expunction is filed, the sooner it will be heard and possibly granted. To get started on the expunction process, contact Attorney Kevin Bennett for a free consultation. As soon as an expunction order has been granted, the petitioner can legally deny the arrest which has been expunged. The arrest and case records, however, will not be destroyed immediately. Instead an order is sent to the Texas DPS as well as any agencies listed in the order that maintain the records instructing them to destroy the records.
Additionally, DPS is ordered to inform the federal depository of criminal records and any private purchasers of the Texas DPS Criminal Record Database that the records have been expunged by court order. From the time an expunction order is granted, it typically takes up to 90 days for the agencies to destroy the records. If you are concerned about having the records discovered on a background check prior to all of the records being removed, Attorney Kevin Bennett will gladly write a letter on your behalf to explain that the offense in question has been expunged and that these records can no longer be used against you under Texas law.
A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the records and files relating to that arrest is guilty of an offense if he knowingly releases or uses the records or files. Further, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor.
A judge may place a defendant on deferred adjudication probation and defer any finding of guilt while the defendant completes the conditions of the probation. If the defendant successfully completes the terms of the probation, the court will not enter a finding of guilt. However, the case records remain public and easily available for discovery.
There is no provision under Texas law that automatically seals your criminal record after successful completion of deferred adjudication probation. If a court has not issued an order sealing a case in which you received deferred adjudication, there is a record of your arrest, filed charges, and your probation. Texas Government Code Section There are some offenses that are not eligible for an order of non-disclosure. An order of non-disclosure seals and prevents disclosure of criminal records to the public. If a Judge grants an order of non-disclosure, the non-disclosure order seals the criminal records that are subject to the order.
Except under very narrow circumstances, you are also entitled to deny the fact that you were arrested or charged with the offense subject to the order. Under Texas law, there are some offenses that are ineligible to be sealed with an order of non-disclosure. To find out more about an order of nondisclosure, you should contact a criminal defense attorney in the county where you were placed on deferred adjudication probation.
An individual who has successfully completed deferred adjudication probation may qualify for an order of nondisclosure.
Chapter 12: Criminal Background Checks
An Order of Non-Disclosure, also referred to as sealing your record is a great way to limit the discovery of any past criminal history, you may have. If you wish to discuss your eligibility for an Order of Non-Disclosure for a case that occurred in Austin or Travis County, Texas, contact an Austin record sealing attorney at the Law Office of Kevin Bennett for a free confidential consultation and case evaluation.
You may contact Attorney Kevin Bennett at In most cases, an Order of Non-Disclosure can be obtained immediately after successful completion of deferred adjudication probation. If you wish to discuss your eligibility for an Order of Non-Disclosure for a case that occurred in Austin or Travis County, Texas, contact an Austin record sealing attorney at the Law Office of Kevin Bennett for a free confidential consultation and case evaluation.
You may contact Attorney Kevin Bennett at In most cases, an Order of Non-Disclosure can be obtained immediately after successful completion of deferred adjudication probation. However, some misdemeanor offenses have a 2 year waiting period from the discharge date while certain felony offenses have a 5 year waiting period. Any potential waiting period will depend on the type of case you wish to have sealed.
Kevin Bennett is an Austin record sealing lawyer who can review your criminal record and let you know whether you may be able to immediately request an Order of Nondisclosure or if you may qualify for getting your record sealed at a later date. The process will usually take a few months from start to finish. To begin the process of getting your record sealed, you must first file a petition or motion in the Court where your case originated. In Travis County, a hearing date is usually set about weeks from the date the petition is filed.
Once a nondisclosure order is granted, it can still take several months for the process to be completed. If you are worried about having to disclose the offense or having it discovered on a background check prior to it being sealed, Attorney Kevin Bennett will gladly write a letter on your behalf to explain that the offense will most likely be sealed in the near future with an explanation of your rights under Texas law if the order is granted. A nondisclosure will be given a hearing date at the time the petition is filed. Therefore, the sooner the petition is filed, the sooner it will be heard and decided.
To get started on the process, contact Attorney Kevin Bennett for a free consultation. Once the judge signs the order of nondisclosure, the court sends the order to the Texas Department of Public Safety and any other agency or office listed in the order. The Department of Public Safety then sends the order to all law enforcement agencies, jails, county offices, prosecuting attorneys, central state depositories of criminal records, and any other officials or agencies or entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order.
Texas Background Checks - Where to Search for Public Records in TX | jyzoregyxu.tk
DPS will also be ordered to inform all of the private companies or purchasers of the Texas DPS Criminal Record Database that the records have been sealed and can no longer be released due to the Order of Nondisclosure. Typically, the court records are updated within 48 hours and the Texas Department of Public Safety and agencies typically take 30 to 60 days to update their records.
If you are concerned about having the records discovered on a background check prior to all of the records being sealed, Attorney Kevin Bennett will gladly write a letter on your behalf to explain that the offense in question has been sealed through an order of nondisclosure with an explanation of your rights under Texas law.
If granted, an Order of non disclosure prohibits criminal justice agencies or other entities from disclosing records to the public related to that arrest and charge.
Getting An Arrest Record Expunged
However, these entities may disclose the deferred adjudication record information to:. When a criminal record is sealed, criminal justice agencies are prohibited from disclosing to the public, any criminal history record information related to the offense. Essentially, an order of nondisclosure removes arrest and case records from public view and prevents the records from showing up on a background check. However, certain governmental entities, law enforcement agencies and authorized noncriminal justice agencies still have access to criminal history record information that is subject to an order of nondisclosure.
While nondisclosure is not as strong a remedy as expunction, a person granted non-disclosure can deny the arrest, case and prosecution of the offense except under very limited circumstances. When a criminal record is expunged, a Court orders all criminal records relating to the arrest or criminal case to be erased and destroyed. These records can include mugshots, fingerprints, jail records, arrest reports, case files and any other records resulting from the criminal case.
An expunction allows the petitioner to legally deny the arrest, case and prosecution of the offense unless they are being questioned under oath in a criminal proceeding about the offense, in which case they may respond that the matter in question has been expunged. When seeking expungement or nondisclosure, choosing the right criminal defense lawyer can be essential in whether your petition for expunction is granted or your criminal record is sealed..
Kevin Bennett works closely with his clients, providing them with the personalized attention and dedication that they deserve. Bennett has helped countless individuals expunge or seal their criminal records in Texas. As an expungement lawyer in Austin, Kevin Bennett helps clients expunge their criminal records so that they can finally put their criminal case behind them so that they can look forward to the future.
Case Study: TXDPS CRS Website Provides Instant Access to Criminal Records
If you case occurred in another county, please contact an attorney in that area to assist you. What is an Expunction? What is The Effect of an Expunction?