If you are arrested or charged with another crime while petitioning for expunction or non-disclosure, chances are you will not be very successful with that petition. If you commit again the same crime you are trying to get expunged or sealed, chances are you will not be very successful.
A second chance means either you or the police messed up once and you deserve the chance to move on with your life. What a second chance does not mean is a third, a fourth, or a fifth chance. If you are making the same mistakes over and over again, it means you have not actually moved on with your life. That is not going to convince a court that you are willing to do what it takes to move forward. For example, while you can petition non-disclosure for a first DWI offense, second and third-offenses do not qualify. If you are interested in getting a second chance with Texas expunction or non-disclosure, speak with an experienced lawyer that can help.
What Individuals Must Prove in Expunction or Non-Disclosure Proceedings
Because expunction and non-disclosure are both civil proceedings, the petitioner does not have the same rights afforded to them as someone who is being tried in criminal court. In criminal court, as the defendant, a person has the right to be presumed innocent until proven guilty beyond a reasonable doubt, placing the burden of proof on the prosecutor.
By the time the individual files their petition for expunction in court, they are already presumed innocent because the charges have been dropped. Or, by the time someone files for non-disclosure, they have already been presumed guilty but rehabilitated.
What a person has to prove in these proceedings is that they meet structured, legal, procedural requirements, and that they meet all of them. That means the burden of proof is on the defendant. They must prove a preponderance of evidence to win the desired outcome, and to have the opportunity of getting a second chance with Texas expunction or non-disclosure.
Waiting Period For Expunction or Non-Disclosure
The process of getting a second chance with Texas expunction or non-disclosure is not immediate. A waiting period must elapse before a person can petition for expunction or non-disclosure. The purpose of this waiting period is to make sure evidence does not get destroyed or sealed off if it is needed for an ongoing investigation.
For example, if charges against the person were dropped due to identity theft, but records pertaining to the individual’s arrest are needed to investigate the real culprit, law enforcement is going to need time to utilize them before they can be destroyed.
If someone was arrested but charges were never filed against them, until the statute of limitations is up, records pertaining to their arrest may still be needed to investigate them or someone else. Once the waiting period is up, however, they can petition for expunction or non-disclosure, depending on the circumstance.
For expunction, this waiting period is based on the charge the person was arrested for. For non-disclosure, this waiting period is based on the charge that they were convicted of, regardless of the charges of the initial arrest.
For example, say a person was originally arrested for Class A misdemeanor possession of marijuana, but, in plea negotiations, their lawyer was able to reduce their charge so they were only convicted of a Class B misdemeanor.
The period of time they must wait before petitioning for non-disclosure is based on the Class B misdemeanor possession charge that they were convicted of, not the Class A misdemeanor they were charged with upon arrest.
Consulting a Lawyer
An arrest or criminal charge can be more than a minor inconvenience, affecting your ability to find housing, maintain employment, and potentially affecting your personal relationships well. However, you do have options. Getting a second chance with Texas expunction or non-disclosure is one way you can move forward. If you want to know more about expunction and non-disclosure, consult a skilled expunction attorney today.