Clearing a Theft From Your Record

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

A theft arrest sticks out like a sore thumb on a criminal record. Theft is viewed as a crime of moral turpitude. This means employers, schools and licensing boards will consider a criminal record blemished by a theft as a reflection on a person’s morals and character. Reducing a person to a single isolated incident is a poor way to judge an individual, but nonetheless a reality. This is why proper handling of a theft case is so important.

Whether a theft arrest will remain permanently on a person’s record depends on the answer to a single question: “how was the case resolved?” There are a variety of ways to resolve a theft case and they are not all equal. You cannot rely on the prosecutor or judge to explain the hidden consequences of your decision.

There are two record clearing devices a person can become eligible for in a theft case:

  • Expunction an expunction is the most powerful record clearing tool under the law. An expunction will completely destroy the existence of an arrest and any subsequent case history. Under Texas law, you are permitted to even deny the existence of the record.
  • Nondisclosure a nondisclosure seals a criminal record. A sealed record is not destroyed. Generally, government will still have access to a sealed record but the general public will not. A nondisclosure prevents non-government employers from seeing the existence of an arrest and subsequent case history.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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