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“Dear Mr. Stith, thank you for all your help on my case. I was unsure what could be done after I had been arrested. After you got the case dismissed, I was able to return home and begin my life! Thank you so Much!.” Alfred S.

“Dear David Stith, I can’t tell you enough how much I appreciate all the hard work you did on my case. I never believed that a lawyer would care so much about his clients and provide all the work that you have done. I want you to know that I will never forget everything you have done for me.” Jessica A.




Expunction:

An expunction is the vehicle by which a person is able to have the records relating to his or her arrest expunged or removed from their record. If an order of expunction is granted, all records relating to the arrest will be destroyed, and the person requesting the expunction can deny that the arrest occurred. The expunction process can not usually be used to expunge records relating to the suspension or revocation of a driver's license. A person may seek expunction for any offense as long as they fall into one of the following categories.

1. Arrest – No Conviction but not Acquittal Through Trial

If no formal charges were presented after a person’s arrest, or if an indictment or information was presented, and it was dismissed or quashed and

  1. the limitations period expired, or
  2. the indictment or information was dismissed or quashed because it was void or issued by mistake or other similar reason indicating a lack of probable cause, and
  3. there was no final conviction, the charge is no longer pending, and the person was not granted court-ordered supervision or a conditional discharge, and
  4. the person was not convicted of a felony in the five years immediately preceding the arrest.

2. Acquittal by Trial

A person must prove that:

  1. They were tried for the offense and was acquitted by a trial judge or jury.
  2. At the hearing on the motion for expunction, the judge must enter an order of expunction not later than 30 days after the date of the acquittal. Notice must be given to the State.

3. Convicted and Pardoned.

A person must prove that: Although convicted, he or she was subsequently pardoned.

Non-Disclosure:

An order of non-disclosure limits the public disclosure of a past deferred adjudication by a criminal justice agency. A person who obtains an order of non-disclosure is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding. Additionally, the deferred adjudication is sealed and shall not be disclosed by a criminal justice agency. A person may request this after:

  1. the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor, or
  2. the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.

Not Eligible for an Expunction:

Was previously on Deferred Adjudication for an offense above a Class C misdemeanor
Convicted of a Felony in the Five years preceding the date of arrest.
Subject to prosecution for or an offense arising out of the same criminal episode.

Not Eligible For a Non-Disclosure:

A person is not eligible if the person has been previously convicted or placed on deferred adjudication for:

  1. an offense requiring registration as a sex offender;
  2. an offense under Section 20.04, Penal Code;
  3. an offense under Section 19.02 (murder), 19.03 (capital murder), 22.04 (aggravated kidnapping), 22.041 (abandoning or endangering a child), 25.07 (violation of a protective order), or 42.072 ( Stalking), Penal Code; or
  4. any other offense involving family violence, as defined by Section 71.004, Family Code.