Don't Let Your Past Limit Your Future

New Law to Benefit First Time Offenders in Texas

June 16, 2015

The Texas Legislature passed Senate Bill 1902 which expands the record sealing (aka Order of NonDisclosure) law in Texas to many one-time offenders with a misdemeanor conviction.  While this bill improves the states current law, it will ONLY apply to offenses committed on or after September 1, 2015.  So, if you were convicted of a misdemeanor before 9/1/15, this law change will not apply to you.

What is the current law in Texas regarding Order of Nondisclosure (OND)?

Currently, only those who received deferred adjudication from a Texas court can apply to seal their record.  If you are convicted, you are not allowed to seal your record.  So even if you were convicted of a small petty theft 20 years ago, under current law, you cannot seal or better yet, expunge your record. The current law leaves many good, decent citizens out of the running to seal their record.  Senate Bill 1902 aims to rectify this situation.

How will first-time offenders benefit from SB 1902?

Well, this bill will give many first-time offenders a second chance.  But there are some details that should be noted.  Those who are eligible to petition for a record sealing under SB 1902, but who have been previously convicted, placed on deferred adjudication or sealed their record will be ineligible.

Will this bill apply to those who were convicted of a misdemeanor before September, 1, 2015?

Unfortunately, this bill doesn’t help those with a prior conviction on their record.  But, as we said before, if you’re convicted of a misdemeanor on or after 9/1/15, then you’re eligible.

Other items to note with SB 1902:

You will not be eligible to seal your record if you were convicted of any serious violent crimes, sex crimes and domestic violence crimes.  SB 1902 does not apply to felony convictions.  You will still have to wait 5 years to seal your felony record if you were placed on deferred adjudication.

Also – if you are placed on deferred adjudication and you successfully complete your terms, you will automatically have your record sealed. As the law reads now, you have to petition the courts to seal your record.  So until September 1, 2015, you should contact a Texas expungement attorney to answer any questions relating to expunging or sealing your Texas record.

  1. Iesha allen says:

    It’s not far I can’t even get a job and I haven’t been in trouble senice 2011 Oct 4 . I can’t even take care of myself and the government won’t give me not money I’m a first time felon never been in trouble before how do I get this off my record if I can get a job??

Leave a Comment

 

Recent Posts

Gun rights
Evans v. Cook County State’s Attorney
October 19, 2021

On September 2, 2021, the Illinois Supreme Court issued its long-awaited decision on Evans v. Cook County State’s Attorney. The decision resolved two questions that have been causing delays in the lower courts of Illinois in matters of firearm rights restoration.    First, the IL Supreme Court laid to rest the perceived “statutory merry-go-round” that the Illinois State Police (“ISP”) and some … Read More>

Job
What Is a NICS Background Check, and How Can an Expungement Help?
October 19, 2021

There is an amazing gun for sale at the sporting goods store in town. However, if you try to purchase it, there will be a background check performed. If you have a criminal record, you could be prohibited from buying a gun. From buying a gun to being able to successfully pass a background check, read on about the importance … Read More>

Disclaimer: The material on this blog has been prepared and is copyrighted by WipeRecord, a division of Eastman, Libersat & Meyler, PC ("WipeRecord"). The material is for informational purposes only and does not constitute legal advice. Information provided by or cited to third parties does not necessarily reflect the opinions of WipeRecord or any of its attorneys or clients. Results of any expungement or restoration of civil and/or firearm rights may vary from case to case. We obtained your email address when you took the eligibility test on our website. Please note that prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisement. Please refer to our website for prices. This is a legal advertisement. If you have already hired or retained a lawyer in connection with your gun rights restoration, please disregard this letter. Our lawyers do not have professional liability insurance.