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                        GALVESTON EXPUNCTION

 AND NON DICLOSURE ORDER LAWYER

EXPUNCTION ORDERS

The Galveston Expunction and NonDisclosure Order Lawyer provides the following information. An Expunction, sometimes referred to as and expungement, is an order for the destruction of all records of that you were arrested and charged with a crime.  It makes it all most as if it never happened.  It is available in circumstances where you are not convicted or receive a deferred adjudication for a class C misdemeanor.  It is not available for a deferred adjudication if the offense was above the level of a class C misdemeanor.  Article 55.01 of the Code of Criminal Procedure is set out below.  It differs from a nondisclosure order, which is covered below, in that the records are not destroyed in a nondisclosure order, which just orders the records not be disclosed to the general public.

Art. 55.01. RIGHT TO EXPUNCTION.  (a) A person who has been 
placed under a custodial or noncustodial arrest for commission of 
either a felony or misdemeanor is entitled to have all records and 
files relating to the arrest expunged if:
	(1)  the person is tried for the offense for which the person 
was arrested and is:
	(A)  acquitted by the trial court, except as provided by 
Subsection (c) of this section;  or
	(B)  convicted and subsequently pardoned;  or                                  
	(2)  each of the following conditions exist:                                   
	(A)  an indictment or information charging the person with 
commission of a felony has not been presented against the person for 
an offense arising out of the transaction for which the person was 
arrested or, if an indictment or information charging the person 
with commission of a felony was presented, the indictment or 
information has been dismissed or quashed, and:
	(i)  the limitations period expired before the date on which 
a petition for expunction was filed under Article 55.02;  or
	(ii)  the court finds that the indictment or information was 
dismissed or quashed because the presentment had been made because 
of mistake, false information, or other similar reason indicating 
absence of probable cause at the time of the dismissal to believe 
the person committed the offense or because it was void;
	(B)  the person has been released and the charge, if any, has 
not resulted in a final conviction and is no longer pending and 
there was no court ordered community supervision under Article 
42.12 for any offense other than a Class C misdemeanor;  and
	(C)  the person has not been convicted of a felony in the five 
years preceding the date of the arrest.
	(a-1)  Notwithstanding Subsection (a)(2)(C), a person's 
conviction of a felony in the five years preceding the date of the 
arrest does not affect the person's entitlement to expunction for 
purposes of an ex parte petition filed on behalf of the person by 
the director of the Department of Public Safety under Section 2(e), 
Article 55.02.
	(b)  Except as provided by Subsection (c) of this section, a 
district court may expunge all records and files relating to the 
arrest of a person who has been arrested for commission of a felony 
or misdemeanor under the procedure established under Article 55.02 
of this code if the person is:
	(1)  tried for the offense for which the person was arrested;                  
	(2)  convicted of the offense;  and                                            
	(3)  acquitted by the court of criminal appeals.                               
	(c)  A court may not order the expunction of records and 
files relating to an arrest for an offense for which a person is 
subsequently acquitted, whether by the trial court or the court of 
criminal appeals, if the offense for which the person was acquitted 
arose out of a criminal episode, as defined by Section 3.01, Penal 
Code, and the person was convicted of or remains subject to 
prosecution for at least one other offense occurring during the 
criminal episode.
	(d)  A person is entitled to have any information that 
identifies the person, including the person's name, address, date 
of birth, driver's license number, and social security number, 
contained in records and files relating to the arrest of another 
person expunged if:
	(1)  the information identifying the person asserting the 
entitlement to expunction was falsely given by the person arrested 
as the arrested person's identifying information without the 
consent of the person asserting the entitlement;  and
	(2)  the only reason for the information identifying the 
person asserting the entitlement being contained in the arrest 
records and files of the person arrested is that the information was 
falsely given by the person arrested as the arrested person's 
identifying information.

Added by Acts 1977, 65th Leg., p. 1880, ch. 747, Sec. 1, eff. Aug. 
29, 1977.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff. Aug. 
27, 1979;  Acts 1989, 71st Leg., ch. 803, Sec. 1, eff. Sept. 1, 1989;  
Subsec. (2) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(53), 
eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 
7.02(a), eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1236, Sec. 
1, eff. Aug. 30, 1999;  Subsec. (a) amended by Acts 2001, 77th Leg., 
ch. 1021, Sec. 1, eff. Sept. 1, 2001;  Subsec. (d) added by Acts 
2001, 77th Leg., ch. 945, Sec. 1, eff. June 14, 2001;  Subsec. (a) 
amended by Acts 2003, 78th Leg., ch. 1236, Sec. 1, eff. Sept. 1, 
2003; Subsec. (a-1) added by Acts 2005, 79th Leg., ch. 1309, Sec. 1, 
eff. Sept. 1, 2005.
NONDISCLOSURE ORDERS

The Texas Government Codes 411.081 provides as follows(in particular see sections d-h):

§ 411.081. APPLICATION OF SUBCHAPTER.  (a) This 
subchapter does not apply to criminal history record information 
that is contained in:
		(1)  posters, announcements, or lists for identifying 
or apprehending fugitives or wanted persons;
		(2)  original records of entry, including police 
blotters maintained by a criminal justice agency that are compiled 
chronologically and required by law or long-standing practice to be 
available to the public;
		(3)  public judicial, administrative, or legislative 
proceedings;           
		(4)  court records of public judicial proceedings;                            
		(5)  published judicial or administrative opinions;  or                       
		(6)  announcements of executive clemency.                                     
	(b)  This subchapter does not prohibit a criminal justice 
agency from disclosing to the public criminal history record 
information that is related to the offense for which a person is 
involved in the criminal justice system.
	(c)  This subchapter does not prohibit a criminal justice 
agency from confirming previous criminal history record 
information to any person on specific inquiry about whether a named 
person was arrested, detained, indicted, or formally charged on a 
specified date, if the information disclosed is based on data 
excluded by Subsection (b).
	(d)  Notwithstanding any other provision of this subchapter, 
if a person is placed on deferred adjudication community 
supervision under Section 5, Article 42.12, Code of Criminal 
Procedure, subsequently receives a discharge and dismissal under 
Section 5(c), Article 42.12, and satisfies the requirements of 
Subsection (e), the person may petition the court that placed the 
defendant on deferred adjudication for an order of nondisclosure 
under this subsection.  Except as provided by Subsection (e), a 
person may petition the court under this subsection regardless of 
whether the person has been previously placed on deferred 
adjudication community supervision for another offense.  After 
notice to the state and a hearing on whether the person is entitled 
to file the petition and issuance of the order is in the best 
interest of justice, the court shall issue an order prohibiting 
criminal justice agencies from disclosing to the public criminal 
history record information related to the offense giving rise to 
the deferred adjudication.  A criminal justice agency may disclose 
criminal history record information that is the subject of the 
order only to other criminal justice agencies, for criminal justice 
or regulatory licensing purposes, an agency or entity listed in 
Subsection (i), or the person who is the subject of the order.  A 
person may petition the court that placed the person on deferred 
adjudication for an order of nondisclosure on payment of a $28 fee 
to the clerk of the court in addition to any other fee that 
generally applies to the filing of a civil petition.  The payment 
may be made only on or after:
		(1)  the discharge and dismissal, if the offense for 
which the person was placed on deferred adjudication was a 
misdemeanor other than a misdemeanor described by Subdivision (2);
		(2)  the second anniversary of the discharge and 
dismissal, if the offense for which the person was placed on 
deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 
25, 42, or 46, Penal Code;  or
		(3)  the fifth anniversary of the discharge and 
dismissal, if the offense for which the person was placed on 
deferred adjudication was a felony.
	(e)  A person is entitled to petition the court under 
Subsection (d) only if during the applicable period described by 
Subsection (d)(1), (2), or (3), as appropriate, the person is not 
convicted of or placed on deferred adjudication community 
supervision under Section 5, Article 42.12, Code of Criminal 
Procedure, for any offense other than an offense under the 
Transportation Code punishable by fine only.  A person is not 
entitled to petition the court under Subsection (d) if the person 
has been previously convicted or placed on deferred adjudication 
for:
		(1)  an offense requiring registration as a sex 
offender under Chapter 62, Code of Criminal Procedure;
		(2)  an offense under Section 20.04, Penal Code, 
regardless of whether the offense is a reportable conviction or 
adjudication for purposes of Chapter 62, Code of Criminal 
Procedure;
		(3)  an offense under Section 19.02, 19.03, 22.04, 
22.041, 25.07, or 42. 072, Penal Code;  or
		(4)  any other offense involving family violence, as 
defined by Section 71.004, Family Code.
	(f)  For purposes of Subsection (d), a person is considered 
to have been placed on deferred adjudication community supervision 
if, regardless of the statutory authorization:
		(1)  the person entered a plea of guilty or nolo 
contendere;                
		(2)  the judge deferred further proceedings without 
entering an adjudication of guilt and placed the person under the 
supervision of the court or an officer under the supervision of the 
court;  and
		(3)  at the end of the period of supervision the judge 
dismissed the proceedings and discharged the person.

Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 177, 
§ 3
	(g)  When an order of nondisclosure is issued under this 
subsection, the clerk of the court shall send to the Crime Records 
Service of the Department of Public Safety a copy of the order by:
		(1)  certified mail, return receipt requested;  or                            
		(2)  if requested in writing by the petitioner, secure 
electronic mail or facsimile transmission.

Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 1309, 
§ 3
	(g)  When an order of nondisclosure is issued under this 
section, the clerk of the court shall send a copy of the order by 
certified mail, return receipt requested, to the Crime Records 
Service of the Department of Public Safety.  Not later than 10 
business days after receipt of the order, the Department of Public 
Safety shall seal any criminal history record information 
maintained by the department that is the subject of the order.  The 
department shall also send a copy of the order by mail or electronic 
means to all:
		(1)  law enforcement agencies, jails or other detention 
facilities, magistrates, courts, prosecuting attorneys, 
correctional facilities, central state depositories of criminal 
records, and other officials or agencies or other entities of this 
state or of any political subdivision of this state;
		(2)  central federal depositories of criminal records 
that there is reason to believe have criminal history record 
information that is the subject of the order;  and
		(3)  private entities that purchase criminal history 
record information from the department.

Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 177, 
§ 3
	(g-1)  The Department of Public Safety shall send a copy of 
the order by mail or secure electronic mail or facsimile 
transmission to all law enforcement agencies, jails or other 
detention facilities, magistrates, courts, prosecuting attorneys, 
correctional facilities, central state depositories of criminal 
records, and other officials or agencies or other 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.

Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 1309, 
§ 3
	(g-1)  Not later than 30 business days after receipt of an 
order from the Department of Public Safety under Subsection (g), an 
individual or entity described by Subsection (g)(1) shall seal any 
criminal history record information maintained by the individual or 
entity that is the subject of the order.
	(g-2)  A person whose criminal history record information 
has been sealed under this section is not required in any 
application for employment, information, or licensing to state that 
the person has been the subject of any criminal proceeding related 
to the information that is the subject of an order issued under this 
section.
	(h)  The clerk of a court that collects a fee under 
Subsection (d) shall remit the fee to the comptroller not later than 
the last day of the month following the end of the calendar quarter 
in which the fee is collected, and the comptroller shall deposit the 
fee in the general revenue fund.  The Department of Public Safety 
shall submit a report to the legislature not later than December 1 
of each even-numbered year that includes information on:
		(1)  the number of petitions for nondisclosure and 
orders of nondisclosure received by the department in each of the 
previous two years;
		(2)  the actions taken by the department with respect 
to the petitions and orders received;
		(3)  the costs incurred by the department in taking 
those actions;  and     
		(4)  the number of persons who are the subject of an 
order of nondisclosure and who became the subject of criminal 
charges for an offense committed after the order was issued.
	(i)  A criminal justice agency may disclose criminal history 
record information that is the subject of an order of nondisclosure 
to the following noncriminal justice agencies or entities only:
		(1)  the State Board for Educator Certification;                              
		(2)  a school district, charter school, private school, 
regional education service center, commercial transportation 
company, or education shared service arrangement;
		(3)  the Texas State Board of Medical Examiners;                              
		(4)  the Texas School for the Blind and Visually 
Impaired;                  
		(5)  the Board of Law Examiners;                                              
		(6)  the State Bar of Texas;                                                  
		(7)  a district court regarding a petition for name 
change under Subchapter B, Chapter 45, Family Code;
		(8)  the Texas School for the Deaf;                                           
		(9)  the Department of Family and Protective Services;                        
		(10)  the Texas Youth Commission;                                             
		(11)  the Department of Assistive and Rehabilitative 
Services;              
		(12)  the Department of State Health Services, a local 
mental health service, a local mental retardation authority, or a 
community center providing services to persons with mental illness 
or retardation;
		(13)  the Texas Private Security Board;                                       
		(14)  a municipal or volunteer fire department;                               
		(15)  the Board of Nurse Examiners;                                           
		(16)  a safe house providing shelter to children in 
harmful situations;     
		(17)  a public or nonprofit hospital or hospital 
district;                  
		(18)  the Texas Juvenile Probation Commission;                                
		(19)  the securities commissioner, the banking 
commissioner, the savings and loan commissioner, or the credit 
union commissioner;
		(20)  the Texas State Board of Public Accountancy;                            
		(21)  the Texas Department of Licensing and Regulation;                       
		(22)  the Health and Human Services Commission;  and                          
		(23)  the Department of Aging and Disability Services.                        
	(j)  If the Department of Public Safety receives information 
indicating that a private entity that purchases criminal history 
record information from the department has been found by a court to 
have committed five or more violations of Section 552.1425 by 
compiling or disseminating information with respect to which an 
order of nondisclosure has been issued, the department may not 
release any criminal history record information to that entity 
until the first anniversary of the date of the most recent 
violation.

Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 1236, § 4, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 177, § 3, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1309, § 3, eff. Sept. 1, 2005.

                                                                                   

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