Blog Topic

Science Fiction or Fact?
Posted by: Nicole DeBorde
April 08, 2010

Never judge a book by its cover and certainly never take anything at face value are not only mottos to live by but they are how we practice law at The Deborde Law firm. With the advent of crime shows such as CSI and Law and Order, the public has the mistaken impression that every crime can be explained away through science and experts. In fact, one gentleman was convicted based upon an expert's opinion of his blue jean print. Sadly, he spent years in jail before DNA analysis proved his innocence. According to the Innocence Project, of the 252 DNA exonerations since 1989, half of the convictions were based upon un-validated or improper forensic evidence. That number is unacceptable and shameful. Here, we don't take things at face value and in fact, we will challenge everything that we possibly can in order to obtain the best result for our clients. For example, in sexual assault cases, we tirelessly research all experts and their opinions. Just because someone says they are an expert doesn't make it so. Many times, a good bit of background work can have the desired effect upon the outcome.

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Expunction vs. Non-disclosure (sealing)
Posted by: Nicole DeBorde
May 27, 2009

I get several calls a week asking to have criminal records erased, sealed, cleaned, cleared or expunged. Most folks are not sure whether they want a non-disclosure (also called sealing) or an expunction. Unfortunately, very few people can actually get a record expunged or erased. A criminal arrest record can only be expunged if the case in question was dismissed or if the person arrested was found "not guilty" in either a court trial or a jury trial. If a case resulted in probation, time served, a fine only or a jail or prison sentence, the case cannot be expunged under the current law. If a misdemeanor case was dismissed, it can be expunged after the statute of limitations has run or expired. Felonies can be expunged as well depending on whether an indictment was issued and also whether the statute of limitations has run. There can also be other circumstances where a dismissed felony can be expunged, but not all dismissed felonies can be expunged. Acquittals can almost always be expunged as well.

A petition for nondisclosure can be filed after a person has successfully completed a deferred adjudication in many cases. There are some deferred adjudications that can never be sealed. For the cases that can be sealed, there are different timelines for some misdemeanors. Some misdemeanors can be eligible for sealing or nondisclosure immediately upon completion of deferred; and some misdemeanors do not become eligible for two years after completion. A person who has completed a felony deferred must wait for five years before seeking a nondisclosure. The granting of an order of nondisclosure is discretionary with the judge. The petition for nondisclosure is heard in the court where the case was on deferred adjudication.

If you are eligible for expunction, this is always the best route. Expunction totally erases the arrest from a person's record. A sealing only "seals" the record, and the record is still visible to law enforcement and a variety of other enumerated agencies.

A person eligible to have a record sealed or expunged should seriously consider this a priority. Clearing arrest information from a record can take months. Who knows when a job opportunity or other reason for a background check will arise!

Contact a Houston Expunction Attorney.

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