Having a criminal record can affect your life for years to come. It can show up on background checks for work, housing, and even school. Most people wonder if they can erase or conceal this record. In Texas, you can in certain cases. This is known as sealing criminal records in Dallas, TX. It’s also known as an “order of nondisclosure.” But when it comes to sexual assault, the rules are very strict.
Sexual assault is a serious charge. Texas law treats it with zero tolerance. That means sealing these records is much harder than for other crimes. Still, it’s important to know your rights and options. Every case is different, and the outcome depends on the details.
What Is Record Sealing?
Sealing your record hides it from the public. It’s not the same thing as expungement, which erases the record from the books altogether. If your record is sealed, employers, landlords, and others usually won’t be able to find it. But police and some agencies still can.
In Dallas, you can request the court for an order of nondisclosure if you’re eligible. Normally, this only applies to non-violent offenses. It typically depends on whether you were convicted, had deferred adjudication, or were placed on probation. For some offenses, like sexual assault, it’s not that easy.
Can You Seal a Sexual Assault Record?
Generally, no. You can’t seal the records under the law in Texas for a tremendous majority of sex offenses. You can’t seal your record if you were convicted of sexual assault. The law considers it too serious a crime to seal. These offenses are the rape, sexual assault of a child, and aggravated sexual assault.
Even if you received deferred adjudication, sealing might still be out of the picture. Deferred adjudication is where you weren’t convicted, but you did have to comply with some conditions, like probation. Unfortunately, Texas law still forbids record sealing in deferred sexual assault cases.
Exceptions Are Rare But Possible
There are scarcely any exceptions. If your case was dismissed or you were acquitted, you might be able to have the arrest removed from your record by expungement. Expungement is different from sealing. It removes the charge completely, as if it never happened. But only if there was no conviction, no plea bargain, and no deferred adjudication.
Another odd circumstance is if your charge was lowered to a lesser crime. For example, suppose your attorney were able to negotiate a plea deal where the charge was lowered to an entirely different crime that does not concern sexual assault. In that case, you may become qualified to seal the new charge based on what it is.
Why You Need Legal Help?
Because the law is severe and the process is complicated, you will need to consult with an experienced attorney. They will tell you if your case can be sealed or expunged. They can guide you through the process, which entails forms, courtroom visits, and legal timelines.
A good Dallas sexual assault defense attorney will know the system. They can review your whole history on your case. If there is even a glimmer of chance of having your record sealed, they’ll advocate for that. They can help you clear your name otherwise by correcting bad information or defending you in any ensuing legal proceeding.
Most people with a history of sexual assault in Dallas will not be able to seal it. Texas law keeps these records open for public safety. But if your case was dismissed, or you were never convicted, you may have options. Don’t speculate. Get the facts from a legal expert who knows the rules and how they will work in your case.
You don’t have to do this alone. Finding out what the law can’t do is the starting point. Meeting with an attorney is next. With the right legal guidance, you can find out what can be done and protect your future as much as possible.
