Houston DWI Lawyer | DWI Defense in Houston, TX

Today while at the courthouse a fellow  criminal defense attorneyasked for advice. I have absolutely no problem with that. I think its a great idea to ask your peers their opinion on legal issues. But this question was something a client should be asking his attorney and an attorney should know the answer. If an attorney is asking the question they shouldn't be practicing criminal defense law.

The question was whether his client was eligible for probation after having served time in TDC for a felony conviction. The answer is no. Not to say that defendants with previous felony convictions don't sometimes get probation with a judges approval either through a Presentence Investigation or through a plea bargain after prosecutor is convinced based on the facts that probation is warranted.

How can an attorney represent someone accused of a felony and not have a basic understanding of the law? It reminds me of the many calls we get asking whether someone can get their record cleared or expunged after a conviction. I always inquire as to what their attorney advised. Some attorneys actually advise that the conviction can be expunged. Other times the client failed to ask what the consequences were.

It is the responsibility of an attorney to explain the options and consequences of a particular legal matter. If you are charged with a crime and paying an attorney to represent you, you should expect the attorney to explain the process and options so that you can make an informed decision. You don't want to be in a position years down the road with a conviction preventing you from getting a job or apartment. We always encourage our clients to come into our office and sit down and discuss the case. You should expect this of your attorney.

If you need the services of a Houston Criminal Defense Lawyer  call Texas Board Certified Attorney Mario Madrid at 713-877-9400

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As a Houston Criminal Lawyer I get asked this question routinely..."what is the difference between an expungement and a motion for non disclosure?"  This is like comparing gold and silver  Both are precious metals, but one is more sought after and harder to obtain.  Similarly, an expungement is more sought after and much harder to get then a motion for non disclosure.

First, you are only able to get an expungement if your criminal case was dismissed.  There are essentially two ways that your cases are dismissed.  A prosecutor may choose to dismiss your case or a grand jury may refuse to indict your case.  Most people believe that once their case is dismissed the case  is expunged.  This is incorrect.  In fact, once your case is dismissed you must wait until the statute of limitations has expired.    Once the statute of limitations has expired you are able to file the expungement petition with the local district court of the county where the case was heard.

If you are found not guilty at trial your case is typically expunged automatically by the court.  Your trial attorney should explain this process to you.  Our firm provides this service at no additional cost to you.

The least common way that people get their cases expunged is after successfully completing  a class "c" deferred adjudication.  Again, you must wait until the statute of limitations has expired to file for an expungement of your criminal arrest.

The best thing of getting the expungement is that you can legally state that you have never been arrested.  Your record is wiped clean!!!

Conversely, you may get a motion for non disclosure even if your case was not dismissed.  The only way to qualify for a motion for non disclosure is if you have successfully completed a deferred adjudication.  Most misdemeanors qualify for a motion for non disclosure immediately.  There are some misdemeanors that are ineligible for a motion for non disclosure.  The most common misdemeanor that is ineligible for a motion for non disclosure is the crime of family violence assault. 

Similarly, most felony cases may be eligible for a motion non disclosure, but you must wait at least two years after completion of the deferred adjudication.  There are lot more felony crimes that ineligible for a motion for non disclosure.  For instance, any crime that involves sexual registration would be ineligible for a motion for non disclosure.

Once the motion for non disclosure is granted by the court it keeps the general public from discovering your criminal history.   This allows a lot of people better job opportunities, better credit, and rent an apartment . 

Despite having a motion for non disclosure granted law enforcement and other government agencies will have access to your criminal history.  Regrettably, this prevents a lot of people from obtaining or keeping  those type of jobs. 

If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website.

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Since I am criminal defense attorney in Houston, Texas almost daily I get some form of the following question… I got probation a while ago and I want to know how I can get it off my record. First, it must be determined what type of probation you received. There are two types of probation in Texas. “Regular Probation” is a conviction and can not be “cleared” from your record. Second, some deferred adjudications may be “cleared” from your record. The instrument used to “clear” a deferred adjudication from your record is called a Motion for Non Disclosure. Some deferred adjudications may be “cleared” immediately after sucessful completion. Others may take as long as five years and some are never eligible for a Motion for Non Disclosure. Please keep in mind that most government agencies will still be able to see that deferred.

There a lot of attorneys that tell their clients that a deferred adjudication is not a conviction. This is correct, but anyone with access to public records will find your deferred adjudication until you have your Motion for Non Disclosure granted by a court. Therefore, if possible get your Motion for Non Disclosure filed as soon as possible, if you are eligible.

If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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