Exploring Criminal Law in Texas: Insights from Trey Porter
In this exclusive interview with Lawyer Monthly, we sit down with Trey Porter, founder of Trey Porter Law, to delve into his journey and motivations behind specializing in criminal defense. Trey shares how his deep-rooted passion for justice—fueled by a family legacy—drives his practice today. He discusses the intricacies of criminal law in Texas, including his expertise in expunctions and nondisclosure, offering insights into how individuals can successfully navigate the complexities of clearing their criminal records.
Can you share your background and what motivated you to specialize in criminal law?
I believe protecting the constitutional rights of a guilty person is what ultimately preserves the constitutional rights of the innocent. There is no area of the law with higher stakes than criminal defense. In Texas, you can go to jail for one year for a first-offense misdemeanor. That’s crazy! But, that’s the law. I didn’t like bullies on the playground when I was a kid, and I don’t like bullies in the form of courtroom prosecutors today. I’ve always been motivated to protect my clients’ rights while working to give them the upper hand.
My great-grandfather was born in 1900 in rural East Tennessee. He walked off his family farm as a teenager and eventually became a trial lawyer. He represented everyone from moonshiners to ministers, and he inspired me at an early age to take up the mantle of standing up for the citizen-accused.
Texan SuperLawyer
How long have you been practicing criminal law in Texas, and what has your journey been like?
I’ve been practicing law for 12 years. Over the past decade, I’ve had the privilege of representing people all across the Lone Star state. From the crowded courtrooms in the big cities to the charming old courthouses that dot the vast expanse of Texas. I’ve stood up for everyone from professional athletes to high school coaches, veterans, oilfield workers, lifelong Texans, and those who were just passing through our big, beautiful state.
Every case is different, but my goal is always to get my client the best result possible. To help. To counsel. To win. Prosecutors always have an out-sized advantage, and the presumption of innocence, unfortunately, is not always presumed. As a criminal defense lawyer, I stand up for my clients. Working to level the playing field, fiercely advocating, and really fighting for someone, knowing that my effort can make even the smallest difference in their life – for the rest of their whole life – is a powerful obligation. I enjoy it, take it seriously, and am thankful I get to do the work every day.
Expunction and Non-disclosure
What are the key differences between expunction and nondisclosure in Texas, and how does a client determine which option is best for their situation?
Texas expunctions delete criminal records. Expungement is a powerful legal process where a judge orders all government entities in possession of criminal records to delete those records.
This process is inclusive of both arrest and court records. Once an expunction has been successfully effected, the incident is totally gone. The record of the Expungement itself does not even exist.
Orders of Nondisclosure seal the records, but don’t delete or remove them. So, Expungement is hands down the best and most effective of the two.
Under Texas law, a person can only qualify for one or the other. There is no crime in Texas that can be both expunged and nondisclosed. The key difference between the two is that sealed records remain available to law enforcement forever and can be used against a person in subsequent prosecutions and professional background checks for certain government or quasi-government jobs. Whereas expunged records are deleted and gone forever.
Criminal Records
What are the common misconceptions people have about expunging or sealing their criminal records in Texas?
The most common misconception people have about expunging or sealing criminal records is that it happens automatically. I talk to people every week who are shocked to learn that dismissed charges are not automatically removed after a period of time. Similarly, people with old convictions, typically misdemeanors, often believe these charges “fall off” the record after a certain number of years.
Criminal records are permanent in Texas. Even if a person wins a trial, the record is publicly available forever. Expungement is the only way to totally delete records of arrest and prosecution in Texas.
Misdemeanors versus Felony Charges
Can you explain the eligibility criteria for expunction and record sealing in Texas, particularly for individuals with misdemeanor versus felony charges?
Expunction eligibility is primarily determined by the disposition of an individual’s case. For example, misdemeanor and felony charges that resulted in dismissal without probation will generally become eligible for Expungement after the statute of limitations runs. If a person wins a trial, they become instantly eligible for an expunction – though they must proactively petition the court. It’s not automatic.
Misdemeanor and felony charges eventually dismissed after Deferred Adjudication are not eligible for expunctions in Texas. Class C misdemeanors are the exception in Texas: individuals who receive a dismissal through Deferred Disposition may petition for an expunction 6 months from the offense date.
The criteria for Nondisclosure eligibility in Texas is more complicated. Many criminal offenses are eligible to be sealed after successful completion of Deferred Adjudication, but not all. Texas Nondisclosure eligibility is further restricted by a person’s overall criminal history. Suffice it to say, it’s complicated, and it’s always best to consult an expert.
Recent Legislation in Texas
How does the recent legislation in Texas impact the process of clearing a criminal record, especially for non-violent offenders?
Recent Texas legislation has unlocked an opportunity for tens of thousands of people with old criminal convictions to seal their records through Orders of Nondisclosure. Known as the Texas Second Chance law, this legislation allows individuals charged with certain misdemeanors, like DWI, for example, to seal their record after successfully completing probation, subject to a number of qualifying factors. Remarkably, the law is retroactive, making it applicable to decades-old convictions. This gives people a second chance at employment advancement by allowing them to restore themselves to a clean record.
Judicial Challenges
What challenges do you often encounter when seeking an expunction or order of nondisclosure, and how do you navigate these obstacles?
Expunctions are guaranteed by law to eligible petitioners. This means if you qualify, you get one. So, the main challenges we encounter when expunging records in Texas are locating old records and working with courts to get on their dockets in a timely way.
Nondisclosure eligibility is nuanced. This naturally leads to occasional disagreements with prosecuting offices about eligibility. Aside from educating prosecutors about the Texas Government Code, the biggest obstacle with Nondisclosures is convincing a judge. Unlike expunctions, Nondisclosures are not required by law. In Texas, a judge is charged with making a subjective determination about what is in the best interest of justice when ruling on a Nondisclosure.
My team successfully navigates these obstacles by drawing on our deep well of experience in these fields of law, and leveraging the important relationships we’ve worked hard to build all over Texas.
Pathway to a Better Life
Can you share a success story where you helped a client clear their criminal record, and what impact did it have on their life?
Every expunction is a success story. Criminal records are public records, and so deleting and sealing them is a game-changing, impactful event. Expungement has the practical, real-world effect of opening up career advancement and creating a pathway to a better life for people and their families. From a personal standpoint, expunctions have the mental, and emotional effect of closing the chapter, and turning the page from a one-time mistake and low point in a person’s life.
Similarly, clearing criminal records positively impacts lives. Nondisclosures are most effective for our clients working in the private sector. Private businesses are unable to access records after an Order of Nondisclosure has successfully been effected, and the records are removed from the county and court’s websites. This allows business professionals to proceed with confidence, and put a one-time mistake in their rearview mirror.
Time is of the Essence
What advice would you give to someone just beginning the process of expunging or sealing their criminal record in Texas? What steps should they take before contacting a lawyer?
The two most important pieces of advice I give to everyone considering expunging or sealing their record are do it now, and make sure it’s done right. Acting immediately, once eligible, is a smart move because you never know when an opportunity may come along that requires a clean record. Working with an experienced Texas Expungement lawyer to ensure the process is done correctly is critical. We have people regularly call the office seeking help from a real lawyer after an internet company offering cheap expunctions made a mistake. Expunctions delete records – and sometimes, an error cannot be fixed after the fact.
Clean records are the best records! Do it no matter what. Do it now, and make sure it’s done right the first time.
Trey Porter is a Texas Criminal Defense Lawyer, known for his powerful advocacy in the courtroom and track-record of winning cases. Having successfully resolved thousands of criminal matters from DWI to Intoxication Manslaughter, Mr. Porter is a go-to authority in the legal community, recognized by SuperLawyers, The National Trial Lawyers Association, and Forbes. Mr. Porter leads a team of high-powered professionals with formidable experience in criminal law, a steadfast commitment to customer service, and a hard-earned reputation for success across Texas.
Contact: Tel: (855) 336-5366 www.dwilawyerstexas.com