How To Know If I Have a Criminal Record?

You have a criminal record if you have ever been arrested. Even if the case was dismissed, your record still will show that you have been arrested for a crime. If you were found not guilty at a trial, your record will still show that you have been arrested and charged with a crime.

If you have ever received deferred-adjudication probation, you have a criminal record. Your record will show you have been arrested, charged with a crime, and placed on deferred-adjudication probation. Though a case may have been “legally dismissed” at the end of deferred adjudication probation, the record of the case is still publicly available. If your Denton Criminal Record Clearing attorney told you that “this is deferred it will not be on your record,” you received inaccurate information. It is not a conviction on your record but, it is on your record in a way that can hurt you.

Find Out If You Are Eligible To Clear Your Record – Free Consultation

At The Peugh Law Firm in Denton, TX, our Denton expungement attorney understands that your quality of life may hinge on clearing your criminal record. Denton County employment prospects, licensing programs, and even volunteering opportunities often require individuals to successfully pass a background check before proceeding to the next step. When a criminal charge is hanging over your head, you do not have to suffer from the threat of another discovering a previous arrest – we can help you erase the past and move forward confidently into the future.

How Do I Know What a Background Check Will Reveal?

Most background checks are job-related, but some may be required for volunteering purposes, especially where children are involved. If you want to coach your kid’s travel baseball team, the parents may insist on a background check before entrusting their children’s safety with you.

Employers typically run background checks to ensure that prospective candidates are trustworthy and that they are not blindly hiring someone whose record may be more colorful than a candidate whose record is clean.

Depending on the depth of the background check, your education, criminal record, credit history, and driving record with the Texas Department of Motor Vehicles may appear for review.

How Many Years Can Employers Review on Background Checks?

Depending on the purpose of the background check, the number of years that can be reviewed will differ.

Texas Law, as part of the Fair Credit Reporting Act, states that an employer who uses a credit reporting agency may only go back seven years when completing a criminal background check.

Like most things, there are exceptions to this rule.

• If a person’s salary exceeds $75,000 per year in the State of Texas, the amount of time their criminal history is reviewed is endless
• Companies who conduct their own background checks with an internal program can go back as far as they would like
• Some companies, including delivery services (like FedEx), can go back 20 years for felonies, and ten years for misdemeanors
• Plumbers, apartment managers, electricians, and similar employment positions that require individuals in-home access may also conduct an endless review of a criminal history

Banks, landlords, prospective employers, and law enforcement officials can review your background for both misdemeanor and felony charges. The type of check will determine whether lesser arrest charges are visible or not, and it is impossible to know the depth of these reports, which is why you need a criminal record clearing attorney in Denton, TX. We can help you avoid the unknown and remove the anxiety of having to pass a background check.

What Do Background Checkers Consider as Criminal Records?

The simple answer is, if you have ever been arrested – you have a criminal record. If your Denton criminal record clearing case was dismissed, or you were found not guilty, the charge will still appear on your record. Fortunately, our Denton criminal record clearing attorney, Daniel K. Peugh, will guide you through the process of removing these charges from your record, so your next background check will reveal a clean slate.

How Can The Peugh Law Firm Help with Criminal Record Clearing?

Expungement or criminal record clearing in Denton, TX is legal action taken to clear a person’s record of a criminal offense.

With two decades of experience representing hundreds of individuals looking for a clean start on paper, our Denton criminal record clearing lawyer takes a complex legal action and turns it into an easy to understand process. Once we know what your record entails, we will begin the process of breaking down the charges into expungable segments, so they are removed from your record for good.

What Happens When the Expungement Process is Complete?

Helping people clear their records is an exciting time for our Denton criminal record clearing law firm. We pride ourselves in opening doors for our clients, giving them a fresh start.

When the expungement process is complete:

• Each record of your criminal offense is court-ordered to be destroyed by anyone who has it on file
• The previous charges will be deleted from criminal background checks, never to appear again
• You may legally deny that you have ever been arrested or charged for the offenses that were cleared from your criminal record

When Am I Able to Seek Criminal Record Clearing Representation?

While the expungement process is straightforward, and our Denton criminal record clearing lawyer is adept at providing incredible results for our clients, there are some time constraints that may affect the removal process.

1. If you are found not-guilty of a crime you were arrested for, you are immediately eligible for expungement. It will not happen automatically.
2. If your charges were dismissed after the successful completion of a first-offender or diversion program, you are immediately eligible for expungement. Again, it will not disappear on its own. You must enlist our Denton criminal record clearing attorney’s representation to ensure the process is completed properly.

If your criminal charge is dismissed, for a reason other than a first-offender or diversion program, the statute of limitations, or waiting period, for seeking expungement are as follows:

• Two Years: Class A and B Misdemeanors
• Deferred Adjudication Probation: Class C Misdemeanors – still qualify for expungement, and the timing to file may vary

• Three Years: Most felonies, but not all – some have much longer waiting periods, depending on the charge

Our experienced Denton criminal record clearing attorney will outline your options clearly and effectively, so you can gain confidence in seeing your record disappear as soon as we are able to file for expungement.

Contact Criminal Record Clearing Lawyers at Peugh Law Firm in Denton, TX for a Free Confidential Consultation

If you have been charged with a crime, and are seeking a criminal record clearing claim, contact The Peugh Law Firm in Denton, TX at (940) 566-0271 today. Our Denton criminal record clearing lawyer will help you understand your legal possibilities and will get started on your case right away. There’s no reason to worry about what your next background will reveal. Call us today to schedule a free consultation and begin the next step to a clean slate.

Criminal Record Clearing Content:

• Parameters For Deferred-Adjudication Nondisclosure Orders
• What Is an Expungement?

Deferred Adjudication Non-Disclosure Orders

If you were placed on deferred-adjudication probation and you successfully completed it, an Order of Non-Disclosure is the way to clear your background. Did you know that once you have been arrested and charged with a crime, your records are available to the public? Anyone may disclose and distribute the information. There is a common misconception that deferred-adjudication probations do not appear on a person’s record. The truth is, your record will show you have been arrested, charged and placed on deferred-adjudication probation for a crime. Potential employers, loan officers and landlords can easily access the information, which may prevent you from getting a job, a mortgage or an apartment. Even though you may have received deferred-adjudication probation, most people do not understand what that means. Unfortunately, a potential employer or loan officer might never give you a chance to explain the situation.
In September 2003, the Texas legislature passed a law that allows you to permanently seal those records from public view. Non-Disclosures prevent private employers, private credit agencies, private leasing companies, and all private individuals or entities from accessing the records of your successfully completed deferred adjudication probation. You may be eligible for an order of non-disclosure if you have successfully completed your deferred-adjudication probation. However, the records will not be sealed automatically. You must take action to do so.

If you would like Denton criminal record clearing attorney Daniel Peugh to help you get your records made non-public, please call our Denton law office at (940) 566-0271 to arrange an appointment to discuss your situation with our Denton Criminal Record Clearing attorney.

Expunctions – What Are They… What I Should Know

If the criminal allegation against you was dismissed, no billed by the grand jury, never filed in court, dismissed after the successful completion of a first offender program, or if you were found not guilty at trial an expunction is the way to get the matter off of your record. Also, if you are successful with a Petition for Pardon, a Pardon entitles you to an expunction. Just being pardoned does not clean-up your record. You must take the next step and file for an expunction based on your Pardon or you will continue to have a criminal record.

Our Comprehensive Expunction Orders are served on no fewer than 500 different entities known to us to maintain criminal records. With the dawning of the internet age, criminal background records have spread all over the web and all over the world. Beginning a few years ago the problem arose for Denton criminal record clearing attorneys and clients that not every entity that was supposed to destroy the criminal background records in its possession was doing so. Therefore, Denton criminal record clearing attorneys and clients were learning, the hard way unfortunately, that obtaining an expunction didn’t always mean that your background checks would come back clear. For the unfortunate clients who missed out on jobs, the solution was to discover the identity of the entity that was still reporting the expunged matter. Once identified, the entity or entities could be directly served with an expunction order. Only then did the rogue entities remove the records from their databases.

There have been two responses to this problem. Some Denton expungement attorneys have added a paragraph in the expunction orders that they draft that “requires” the Texas Department of Public Safety to notify all the entities they sell records to of the expunction and their need to comply with it. We have added this paragraph to our Expunction Orders. However, as a Denton expungement Law Firm we are not totally satisfied with this solution because we do not fully trust DPS to be able to read and enforce all the expunction orders they receive. Finding out after you miss out on a job that DPS has let you down is unacceptable. Further, it seems likely that some of these businesses who are reporting criminal records are buying that information, not from DPS but, from an entity that has a contract with DPS. These second hand entities have no contract with DPS and are under no obligation to delete expunged material if they are not made aware of the expunction. Further, DPS has no way of knowing who these entities are or how many there are of them.

The Peugh Law Firm has spent years compiling our own database of entities that maintain and sell criminal background information. We were shocked to learn how many entities maintain criminal records and who some of those entities are. Our Comprehensive Expunction Orders are served on no fewer than 500 different entities known to us to maintain criminal records. That is several times more crime reporting entities being directly reached than with other lawyers’ or law firms’ Expunctions. Our Comprehensive Expunction is more expensive than other lawyers’ expunctions; additional filing fees, service of process fees, and Denton expungement attorney time requirements dictate that. However, if your Expunction Order can be served on at least 500 crime reporting entities and your lawyer does not make that happen, can you be sure that you will pass your next background check?

Article 55.01. Right To Expunction

Petty Offenses, aka Fine Only Offenses, aka Class C Misdmeanor Convictions.

Do you have a petty offense, fine only offense, or Class C Misdemeanor conviction in your past that is hurting you on background checks today? Whether you just paid the fine at the window or agreed to time served after a brief period in jail or, you plead a more serious charge down to a Class C Misdemeanor, if the conviction is on your record and causing you problems, we can help.

Even if you have been told by other Denton expungement attorneys, “its a conviction, nothing can be done,” we know what to do. Because Expunctions, Non-Disclosures, and Pardons are not available for Class C convictions most people, including lawyers, believe nothing can be done. They are wrong. We not only know the law but, we have experience using those laws to benefit our clients. Call us today.

Pardons (Executive Clemency)

You do not have to know the governor personally to receive a pardon from him or her. The Texas Board of Pardons and Paroles Executive Clemency Section is hard at work every day considering applications for a full pardon, which are available for a variety of legal situations.

To receive a pardon, you do not have to show that you are actually innocent. The board considers so many different situations for pardon eligibility that your situation is most likely one that the board would consider. Do not assume you cannot get a pardon.

The Executive Clemency Section is beset each year by Petitions for Executive Clemency (Pardons) that have no merit. Every hardened criminal doing a long sentence in prison files a pardon petition annually. In fact, the Board gets so many meritless petitions that to handle all the requests the Board denies most petitions based on technical errors.

I can help you through the process. I will guide you through the petition process to help you avoid the technicalities that doom most petitions. And I can tell you from experience, the Board of Pardons and Paroles wants a good petition for pardon. They want one they can grant. They want your petition.

Texas Constitution Article IV, Section 11

Convictions Set Aside by a Judge

Article 42.12(20)(a) of the Texas Code of Criminal Procedure allows a trial judge, after a defendant has plead guilty and served a portion of the court’s sentence, to set aside the verdict or permit the defendant to withdraw the defendant’s plea, and dismiss the accusation, complaint, information or indictment against the defendant. The result is that the defendant is released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted or to which the defendant has pleaded guilty.

Though a trial court judge may grant all of the relief listed above that does not mean you will have a completly clean background. If you believe the trial Judge in your case released you from your initial sentence and dismissed your case, you may be able to get the records pertaining to that case cleared. We have worked on these issues for clients in the past and we have been successful in getting this type of record removed from background check results. If you have benefitted from the type of court order discussed here but, you are still failing background checks related to the offense, we can help.

Further, if you are currently on felony or misdemeanor probation we can assist you in requesting the judge to allow you to withdraw your plea and set aside your conviction pursuant to Article 42.12(20)(a). Experience tells us that to persuade a judge to reduce a sentence and reverse a judgment of guilty already entered is difficult in the extreme. Such a result requires extraordinary circumstances. If you believe you have extraordinary circumstances that will convince even the crustiest old law-and-order judge we can help you make your case.

Sealing Juvenile Records… What You Should Know

If you were charged with a crime before you turned 17 years of age, you have a Juvenile Record. Juvenile Records are, by law, non-public. Unfortunately, that does NOT mean that your juvenile record cannot hurt you. Many public data websites have come and gone since the dawn of the internet. Not all of the managers of these websites knew or cared about the confidentiality laws that protect juvenile records. As these internet businesses continue to come and go your juvenile record could be made public. Just two or three short years ago my juvenile record sealing business was booming because private websites were not obeying the law and it was hurting my clients.

Even Juvenile Records that are kept confidential can still cause a problem for adults with juvenile issues in their background. Juvenile records are only kept confidential from the general public. The government, all governmental entities, still have access to juvenile records. I am frequently called on to seal juvenile records because my clients are told by military recruiters, who as federal government employees have access to the juvenile records, that they cannot be commissioned into the service with their current juvenile record.

I have handled hundreds of cases sealing juvenile records. Give me a call before your juvenile past causes you a problem.

Juvenile Record Sealing Eligibility

A person is eligible to get his or her Juvenile Record sealed at 17 years of age. You may have heard that Juvenile records “automatically go away at 18.” That is not and has never been true. A person who is less than 17 years of age can also be eligible for record sealing if one year has elapsed since the last official action on the case that is the subject of the records. Sealings in Texas are always discretionary, meaning the Judge can say “yes” or “no” to sealing records. This makes knowing the Judge and his or her preferences very important. The Peugh Law Firm has been doing juvenile record sealing for 18 years and we have come to know the local Judges.

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Do you need an Attorney For Clearing Criminal Records?

Are you in need of an Attorney that will help aid you in Clearing Criminal Records?

If so then you need to contact Peugh Law Firm. We specialize in Juvenile Defense, Juvenile Punishments, DWI, Drug Offense Assault Offense, Probation Violation, Theft/Fraud/Forgery, and Clearing Criminal Records.

Contact Peugh Law Firm today at (940) 566-0271 or visit our offices at 721 W Mulberry St, Denton, TX 76201.