The Second Chance Law in Texas is a law that allows certain individuals convicted of non-violent crimes to get their records sealed. This law was introduced to help first-time offenders move forward with their lives and not let their criminal record get in the way, offering them a second chance. There are specific eligibility requirements for who qualifies for this law and is not available to the general public. This blog will break down the key elements of the Second Chance Law in Texas, explain who qualifies for record sealing, and outline the process of applying for it.
Overview of the Second Chance Law
The Second Chance Law in Texas is designed to give individuals with certain non-violent criminal convictions the opportunity to seal their records through a legal process known as an order of nondisclosure. It promotes rehabilitation by giving individuals who made a mistake and are showing good behavior a chance to turn their lives around. Having a record sealed under this law makes it inaccessible to the public, though it can still be accessed by government agencies or in certain legal situations. This law applies primarily to individuals convicted of a first-time offense for specific misdemeanors, felonies are not included.
Here are the specific eligibility requirements for the Second Chance Law:
- The individual must be a first-time offender, with no prior criminal history.
- The offense must be a misdemeanor, and certain felony charges are excluded from eligibility.
- Offenses such as DWI (first-time offense), low-level drug offenses, and other non-violent misdemeanors may qualify.
- The individual must have completed all sentencing requirements, including probation, and must not have committed any new offenses within a specific waiting period.
- A specified period of time (typically two to five years) must pass after the completion of the sentence before an individual is eligible to apply for record sealing.
Benefits of the Second Chance Law
For first-time offenders, this law can be extremely beneficial for their futures. Having a criminal record can create a barrier in your life. Criminal records can get in the way of employment opportunities, housing, and education. Many employers, landlords, and educational institutions conduct background checks as part of their application processes. A public criminal record can prevent individuals from securing a job, renting a home, or getting into a college or university. By sealing the record, individuals are able to seek out better employment and housing opportunities, as well as further their education without being held back by their criminal history.
The Difference Between Sealing and Expungement
When looking at how this law seals a criminal record, it is important to be aware of how it differs from expungement. The Second Chance Law seals a criminal record which essentially hides the record from the public eye, but it doesn’t completely erase it. The general public, including employers and landlords, won’t be able to see a sealed record, but some organizations like law enforcement or government agencies still have access. Expungement goes a step further and completely erases a criminal record, making it as if the offense never happened. When a record is expunged, it’s wiped clean, and you can legally say that the incident never took place. This is harder to get than record sealing, and is for situations where someone was arrested but never convicted, or when charges were dropped or dismissed entirely.
How to Apply for Record Sealing Under the Second Chance Law
If you’re eligible under the Texas Second Chance Law, sealing your criminal record can be extremely helpful for your future opportunities.
Here is a break down on how to apply:
- Confirm Eligibility: Before applying, it’s essential to confirm that you’re eligible under the Second Chance Law, which was listed above.
- Obtain and Review Your Criminal Record: Get a copy of your criminal record to ensure that your case is eligible. This helps you confirm that your offense qualifies and that your sentence has been completed according to the court’s orders.
- File a Petition for Nondisclosure: The next step is to file a petition for an order of nondisclosure in the court where your case was handled. The petition must include details about your case, conviction, and eligibility.
- Attend a Hearing: Depending on the specifics of your case, you may be required to attend a hearing. During the hearing, a judge will review your petition and any supporting documents before deciding whether to grant the order of nondisclosure.
- Receive Court’s Decision: If the judge grants the order, your record will be sealed, and it will no longer be accessible to the general public.
A Fresh Start
The Texas Second Chance Law offers a valuable opportunity for individuals with non-violent offenses to turn their lives around and not be limited by a criminal record. By sealing your criminal record, you gain access to many of opportunities like securing better employment, finding housing, or furthering your education.
Contact C.L. Swisher, a criminal defense attorney in Houston, today to learn more about how you can benefit from the Second Chance Law and start the process of sealing your record for a fresh start.
