Automatic Nondisclosure For First-time Misdemeanors In Dallas
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Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
First time misdemeanor convictions in Texas can result in jail time or probation. The potential for jail time for a Texas misdemeanor depends on the nature of the offense. A Class “A” misdemeanor can result in up to one year in jail (in addition to a fine), while a Class “B” offense carries a sentence of up to 180 days ...
In Texas, misdemeanors can be expunged after a waiting period: 180 days for Class C and 1 year for Class A or B. The process includes filing a petition, attending a court hearing, and waiting for the judge's order and record removal.
Hiring an experienced Criminal Defense lawyer is the best way to get rid of a misdemeanor in Texas. An attorney can work to challenge the evidence, and in certain cases negotiate with the prosecutors and judge for an agreed dismissal. Expungement is the only way to permanently remove a misdemeanor in Texas.
How to Obtain an Order of Nondisclosure. Texas has two methods of obtaining a nondisclosure: automatic and petition. Automatic Nondisclosure: This method applies to first-time misdemeanors occurring after Sept. 1, 2015, that resulted in discharge or dismissal after completing deferred adjudication.
Without expungement, misdemeanors never go away. However, in some cases, background checks will only go back a few years. For instance, Texas has a “seven-year rule” in place. In other states, the “lookback” period is ten years.
To obtain an order of nondisclosure under Section 411.0725, if you are eligible, you must file a petition. The form and instructions for obtaining an order under Section 411.0725 are available at this link. You must file the petition with the court that placed you on deferred adjudication.
Generally, for a Class A offense, you will face up to one year, 180 days for a Class B offense, and 30 days for a Class C misdemeanor. Though a misdemeanor may not seem serious, there is still the potential for time spent in jail.
For many first-time misdemeanor offenses in California, judges will impose probation, community service, fines, or classes instead of jail time. The maximum sentence for misdemeanors is one year in county jail. But incarceration for the full year is rare, especially for minor first offenses.
Under the new Texas law, HB 3016, you may be able to get a first time misdemeanor conviction removed from your criminal history. After a certain waiting period which depends on the nature of your arrest, you will be able to petition the court for a non-disclosure.