Petition for Non-Disclosure

March 15, 2010

By Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

A Petition for Non-Disclosure is an intermediate tool used to clean someone’s record.  It essentially hides your record from the public.  It is not as sweeping or as beneficial as an expunction, but it can lessen the blunt force of a conviction.

The Non-Disclosure statute is very complicated and is loaded with qualifications and exceptions.  What it means, in general, is that your criminal record stays intact (unlike an expunction where an arrest record is destroyed), but the state is limited in it’s ability to disseminate the information of your record to the general public.  As you can see by reading the statute, there are numerous agencies which are exempted from honoring the non-disclosure (such as professional licensing bodies), and there are tons of offense which don’t qualify for non-disclosures (such as sexual assault, stalking, and family violence affirmative findings).

Here is how it generally works:  If you plead guilty and are placed on deferred adjudication, you may be eligible to file a petition for non-disclosure two years after the date of your Tex.Code.Crim.P. 42.12(5)(c) dismissal on misdemeanor cases and five years after the dismissal of your felony.  Your petition is discretionary meaning the prosecution can fight it and you must prove to the judge that granting it is in the best interests of justice.

The code was recently amended to allow for immediate non-disclosure of most misdemeanor offenses after successfully being discharged from deferred adjudication.

The benefit of a petition for non-disclosure is that your criminal record shouldn’t be readily available to private companies that do general background searches.  The downfall is that they can be challenging to get and even though the information s difficult to attain, it hasn’t been destroyed as with expunctions.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article should be considered legal advice.  For legal advice you should always consult an attorney.

1 Comment | Collateral Consequences of a Criminal Record, Expunction & Non-Disclosure, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Top 5 Mistakes When Hiring a Criminal Defense Lawyer Countdown — No. 3

February 15, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

This week I’m counting down the top 5 biggest mistakes people make when hiring a criminal defense attorney.

#3:  Hiring an Attorney That Isn’t Qualified

Economists estimate that a criminal record can reduce your lifelong income by as much as -30%.  For someone that would normally earn $50k per year, that comes out to a loss of $450,000 over 30 years!

Not only do you need a lawyer if you’re charged with a crime, but it had better be one that knows what they’re doing!

A licensed attorney in the State of Texas can practice virtually any field of law ranging from mergers, bankruptcy, truck crashes all the way to criminal.  There are slight exceptions here and there.  Just because someone is licensed doesn’t mean they’re qualified or experienced enough to handle your criminal case!

Board certified lawyers are lawyers that have qualified with the State Bar through recommendations from their peers and from taking a test.  In Texas, the only designation recognized by the State Bar in board certification is for the general field of “Criminal Law.”  While many lawyers hold themselves out as members of organizations such as the “DUI College,” this is not an official designation but more of a private membership.  Being board certified is never a bad thing, but it doesn’t give you, as the client, permission to turn your brain off when interviewing that lawyer to see if they are right for your case.

The best way to flesh-out whether an attorney your talking with is qualified for your particular case is to ask pointed questions.  Ask how many cases of the same offense have they handled in the past?  How familiar are they with the local rules of where your case is pending?  What percentage of their over-all case load is your type of case?

The lawyer’s answers will tell you a lot!

 

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice please consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

Do I need an Attorney for a Theft Case in Texas?

February 10, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Yes, even if they’re accusing you of taking a penny.

Being convicted or even getting deferred adjudication on a theft case is bad news in Texas.  There are countless unseen consequences.

It is one of a handful of charges that the stigma attached to your criminal record in practically every case is worse than any punishment if you are convicted or get deferred.

Not only that, but the judicial system and many governmental agencies consider theft to be a “crime of moral terptitude.”  This can cause wide ranging problems from immigration consequences to professional licensing denial or suspension such as being a doctor, lawyer, or any other job that requires a license such as nursing or being a real estate agent.

Explaining a theft away on your criminal record is a hard thing to do whether it was a pack of chewing gum or gold bullion they accused you of taking.  Think of the disadvantage you’ll have 15 years from now in applying for a job handling money when your competition won’t spend 5 minutes of the interview talking about a previous theft charge — but you will!

The worst mistake you can make if you have been charged with theft is to blow it off because perhaps you don’t think you can win, or it was a prank, or someone else really did it and you just happened to be there and you think you can explain it away later.

In Collin County, Texas, where I practice, I have seen juries be tremendously compassionate to persons accused of theft and acquit them.  The State must prove their case beyond all reasonable doubt and a good lawyer will demand the jury acquit you if the State can’t meet their burden regardless of what happened.  Theft charges must typically be aggressively defended. Even if the case is very difficult, there may be other options to lessen the blow but those are legally complex.  A theft charge is no time to learn how to be a lawyer on your own!

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be specific legal advice.  For legal advice, consult an attorney.

2 Comments | Theft, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

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