Having Trouble Passing a Background Check?

Thousands of Texans are eligible to clear their record and just don't know it!

If you were charged with a crime and had the following result of your case, you may be eligible:

1. Acquitted of the charge by a jury or judge
2. Dismissed
3. Dismissed after a term of deferred probation
4. Arrested but never formally charged (didn't go to court)
5. Charged as a juvenile (under 17yo)

Adults:

You can qualify for an expunction or non-disclosure on almost all misdemeanors (except DWI and family violence) and many non-violent felonies. You can also expunge Class C violations if you received a period of deferred probation.

Juveniles:

If the alleged crime occurred when you were under 17yo and you were adjudicated as a juvenile, you are likely eligible for a record seal. For misdemeanors, your records are automatically sealed after a certain period of time. For felonies, you'll have to ask the court to seal your record.

Depends on whether you get an expunction, a non-disclosure, or a seal.

You can ask for an expunction when your case gets dismissed outright (no probation), you're acquitted by a judge or jury, or you were arrested but never formally charged. An expunction works like a magic eraser for your arrest. If granted, all law enforcement entities and recordkeeping agencies are ordered to delete your information, like the arrest never happened. Once the charge is expunged, you never have to report your arrest on a job or school application.

You can ask for a non-disclosure when your case gets dismissed after successfully completing a term of deferred probation or, in very limited cases, after you complete regular probation on your first misdemeanor DWI. A non-disclosure removes the case from public record and orders law enforcement and recordkeeping agencies not to disclose your arrest during a background check for a non-government employer. Government agencies will still be able to see the information about your case.

A juvenile seal removes court documents from public record. You can apply for a seal whether the case was dismissed or you were adjudicated, subject to some rules. Any request to law enforcement or recordkeeping agencies about your background will come back as "no record."

Whether you get an expunction, a non-disclosure, or a seal, your criminal record can no longer be used against you in any court, civil or criminal!

The process starts with filing a motion or a petition. The other party, either the County Attorney or the District Attorney, gets a chance to respond to your filing.

After that, we set a hearing where the judge decides whether you are eligible or not, based on the facts that your attorney presents to the court.

If granted, the order is sent to all law enforcement and recordkeeping agencies. They are instructed to either destroy your criminal records or not to disclose any information to entities outside the government.

Find out using our online form, here:

After you submit, our office will review your answers and contact you ASAP to confirm your eligibility.

If you don't know the answer to a question, or you would rather talk to us directly, call 915-543-1776.

Your record will be clear in a year or less. After the first filing, a hearing will be set in 45-60 days. If granted, the agencies need time to clear your record, which could take as little as 60 days or as long as one year.

Three main reasons:

1. Employment
2. School
3. Certain certifications or privileges

Most of these criminal charges are mistakes from the past. There's no reason why these mistakes should affect your future!

Employers turn down applicants all the time for cases that come out on a background check, even if they were dismissed! Imagine how an employer feels when choosing between an applicant that has a history of drug or theft arrests versus someone with a clean record. If your record is clear, you can answer "no" when it asks if you've ever been arrested or convicted AND it won't show up on that background check.

College and professional school applications ask similar questions about criminal history. Don't let your old mistakes follow you around in your new career.

You won't be eligible for certain certifications or privileges if you have an arrest on your record or were placed on deferred probation.

Congrats! That's the first step in wiping that charge off your record.

But beware: even if a case shows up as dismissed, it's still part of public record! The arrest will come back on any background check. So, until you clear your record, people will know you were arrested for possession of marijuana, theft, family violence or anything else, EVEN IF YOU WEREN'T GUILTY.

Generally, juvenile records have restricted access anyway, which means only certain agencies can see that you got in trouble as a juvenile. However, why have anyone see them at all? Or have someone use them against you in a future civil or criminal proceeding. A perfect example is when a prosecutor references your juvenile record when/if you get in trouble as an adult.

Seal those records!

An expunction works like a magic eraser for your arrest. Once the charge is expunged, you never have to report your arrest on a job or school application.

A non-disclosure removes the case from public record and orders law enforcement and recordkeeping agencies not to disclose your arrest during a background check for a non-government employer.

A juvenile seal removes court documents from public record. Any request to law enforcement or recordkeeping agencies will come back as the person has "no record."

Between $750-$1,250 + filing fees, depending on the type of case. That fee includes preparing and filing the petition, serving the other parties, and attending the hearing on your behalf.

If you can't pay for the filing fee, we can help you fill out a Statement of Inability to Pay and save you over $300!

In most cases, no.

We can work with the courts to keep you from having to spend money and come back to El Paso. Or, we may be able to do the hearing virtually!

Are you on probation? If you successfully complete probation, you can ask the court to set aside your conviction and let you withdraw your plea.

Hurry! You only have 30 days after ending probation to make this request and it doesn't apply to DWI offenses.

If granted judicial clemency, you no longer have a conviction and won't have to answer "yes" on those applications. Judicial clemency is especially important for those people who were convicted of felony offenses - you'll no longer be labeled as a convicted felon.

If you're having trouble passing background checks to simply volunteer at your child's school, be a caregiver for the elderly, or own a gun in the State of Texas, clearing your record will help tremendously.