In Texas, a no-contest plea, also known as nolo contendere, allows defendants to accept conviction without admitting guilt. This plea can be advantageous in certain situations, but understanding how long it stays on your record and its potential impact is critical.
What Is a No-Contest Plea?
A no-contest plea means that while you do not admit to the crime, you also do not dispute the charges against you. In Texas, this plea is treated similarly to a guilty plea for sentencing purposes. It results in a conviction, but it cannot be used against you in a civil lawsuit based on the same facts.
How Long Does a No-Contest Plea Stay on Your Record in Texas?
Both misdemeanor and felony convictions remain on your record indefinitely. A no-contest plea will result in a permanent criminal record for both types of offenses unless you successfully petition for expungement or an order of nondisclosure (sealing).
Texas allows for the expungement and sealing of criminal records under certain conditions. Expungement completely removes the record, while an order of nondisclosure seals the record from public access, although it remains accessible to certain government agencies and under specific circumstances.
You may be eligible for expungement if:
- You were acquitted.
- Your case was dismissed without any final conviction and without court-ordered community supervision (probation), except for Class C misdemeanors.
- You completed a pretrial diversion program.
Note: If you have been convicted, including a no-contest plea, expungement is generally not an option unless you receive a pardon.
You may be eligible for an order of nondisclosure if:
- You successfully completed deferred adjudication community supervision (probation) and received a discharge and dismissal.
- You meet the waiting period requirements: generally, five years for felonies and two years for misdemeanors.
Steps to Take for Expungement or Sealing
- Understand the Law: Research Texas laws on expungement and orders of nondisclosure. Each case is unique, and specific eligibility requirements must be met.
- Consult an Attorney: It's advisable to consult with a criminal defense attorney in Texas who can guide you through the process and help determine your eligibility.
- File a Petition: If eligible, file a petition with the appropriate court. This process includes submitting detailed information about your case and proving that you meet all criteria for expungement or an order of nondisclosure.
- Attend a Hearing: You may be required to attend a court hearing to present your case and demonstrate why the expungement or order of nondisclosure should be granted.
- Follow-up: Ensure that your records are properly expunged or sealed following the court's decision. This may involve confirming with the Texas Department of Public Safety and other relevant agencies.
Impacts of a No-Contest Plea on Your Record
Even if a no-contest plea stays on your record, the impact can vary:
- Employment: A criminal record can affect your ability to secure employment, as many employers conduct background checks and may be hesitant to hire someone with a criminal record.
- Housing: Landlords often run background checks, and a criminal record can make it challenging to find housing.
- Professional Licenses: Certain professions require licensing, and a criminal record can affect your eligibility to obtain or retain these licenses.
- Civil Rights: A criminal record can impact your civil rights, such as the right to vote or possess firearms, depending on the nature of the offense and whether your rights have been restored.
If you or a loved one is dealing with the complexities of a no-contest plea, it's essential to seek expert legal advice to navigate the challenges effectively. The Law Office of Patrick J. McLain, PLLC, located in Dallas, TX, specializes in criminal defense and can provide the guidance and support you need.
Contact us today to schedule a consultation and take the first step toward a brighter future.