Legal Question in DUI Law in Texas

Re: pre-employment background checks

Criminal History Records.

Charges?

Well it depends. All criminal convictions remain on your personal history forever. The only way to have your criminal history �erased or hidden� is to either have your arrest record Expunged or have an Order of Non-Disclosure granted regarding the case. These options are available in very limited circumstances.

Basically, an individual is eligible for an expunction, meaning the arrest is erased and legally never happened, if the defendant was acquitted by judge or jury, or the case was dismissed without any type of court ordered supervision. Some other restrictions apply. Expunctions are not available for deferred Adjudications.

Non Disclosures are available for individuals who have successfully completed a Deferred Adjudication Probation and their case has been dismissed. Non Disclosures are normally available after certain waiting periods have elapsed and IF the Applicant has no new criminal convictions or Deferred Adjudications. (Here�s a very informative primer written by the Harris County District Attorney�s Office, http://dao-web.dao.hctx.net/ie/DADJ/FAQs.pdf.).

A regular conviction for a DWI, regardless of the punishment, is specifically prohibited from either forms of relief.

Both expunctions and Non-Disclosures are very fact specific with technical restrictions. So, as always, I would advise you to contact your lawyer to discuss you particular options. Good Luck.

John T Floyd Law Firm - Houston Criminal Defense Lawyer

TEXAS CRIMINAL DEFENSE LAWYER