Clearing Your Record
Expunctions and Petitions for Non-Disclosure
Sometimes people come to us long after their interaction with the criminal justice system has passed. In those cases, depending on what happened with the criminal case, we may be able to seek an expunction or a petition for non-disclosure.
If a case was dismissed or if a person was found not guilty at trial, he or she is entitled to an expunction. An expunction wipes away that interaction with the criminal justice system so that, even on a job application when asked, "Have you ever been arrested?" you can honestly answer, "No."
A petition for non-disclosure is a mechanism by which your criminal history is covered up rather than wiped away altogether. If you were placed on deferred adjudication for an offense and successfully completed your term of probation, you can file a petition for non-disclosure to cover up the fact that you were placed on deferred adjudication. State licensing agencies and other government authorities will be able to see your criminal history, but it is not discoverable by private entities or individuals. This is not something that you can seek as soon as your probation period is over; some offenses require up to a five year waiting period from the date you discharge from probation.
Remember: even a dismissal does not automatically disappear from your criminal record. You must take steps to make it happen and we can help.
Pardon Applications
Pardons are rarely granted, but sometimes it is a family's last option. The Board of Pardons and Paroles reviews pardon applications and makes a recommendation, but the final decision is made by the governor. This process involves collecting certified court documents, offense reports, and criminal history statements, letters from friends and family, and much more.
You do not have to try this alone. Please call Katine Nechman McLaurin LLP if you would like to schedule a consultation to review your options.