Understanding Expunctions and Non-Disclosures in Texas: Clearing Your Criminal Record
If you've ever been arrested or charged with a crime in Texas, you may be wondering how that mark on your record could affect your future. Criminal records can create obstacles when applying for jobs, housing, and even professional licenses. Fortunately, Texas law provides two main ways to address this issue: expunctions and non-disclosures. Here, we’ll break down the basics of these legal processes and how they can help you get a fresh start.
What Is an Expunction?
Expunction, also known as expungement, is a legal process that completely removes a criminal record from public view. When a record is expunged, it’s as if the arrest or charge never happened. You can legally deny the existence of the record in most situations.
Who Qualifies for an Expunction? Under Texas law, you may be eligible for an expunction if:
You were arrested but never charged.
Your charges were dismissed.
You were acquitted at trial (found not guilty).
You completed a pretrial diversion program.
The statute of limitations has expired for the offense you were charged with.
Expunction is not available for convictions unless you were convicted of a crime and later pardoned.
How Does the Expunction Process Work? The process begins with filing a petition for expunction in the district court where the arrest occurred. Once filed, a judge will review your case to determine eligibility. If approved, all records—including police reports, court documents, and booking photos—are destroyed or sealed.
What Is an Order of Non-Disclosure?
An order of non-disclosure is different from an expunction. Instead of erasing your record, it seals it from public view. Government agencies and law enforcement can still access the record, but it won’t appear in background checks conducted by employers, landlords, or the general public.
Who Qualifies for a Non-Disclosure? Non-disclosures are typically available to individuals who successfully complete deferred adjudication probation. Some misdemeanors are eligible immediately upon completion, while others require a waiting period. Certain felonies are also eligible, though the waiting period may be longer.
However, some offenses are not eligible for non-disclosure, including:
Family violence offenses.
Certain violent crimes.
Sexual offenses requiring registration as a sex offender.
The Non-Disclosure Process To obtain an order of non-disclosure, you must file a petition in the court where your case was heard. The court will review whether you meet the eligibility criteria and whether granting the order is in the best interest of justice.
Key Differences Between Expunctions and Non-Disclosures
Availability: Expunctions are more limited in scope and generally apply to cases without a conviction. Non-disclosures are available for individuals who successfully complete deferred adjudication probation.
Effect: Expunction erases the record entirely, while non-disclosure seals it from public view.
Eligibility Requirements: Expunctions often have stricter eligibility requirements than non-disclosures.
Why Clearing Your Record Matters
Clearing your criminal record can provide significant relief by allowing you to move forward without the stigma of a past mistake. Whether you’re applying for a new job, seeking housing, or simply trying to build a better future, an expunction or non-disclosure can open doors that might otherwise remain closed.
How a Criminal Defense Attorney Can Help
Navigating the expunction and non-disclosure process can be complicated. Our skilled criminal defense attorneys can assess your eligibility, guide you through the legal requirements, and advocate on your behalf to ensure the best possible outcome.
If you’re in Texas and have questions about expunctions or non-disclosures, contact our office today. We’re here to help you reclaim your future.
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