Understanding Expunction & Nondisclosure
Learn about clearing your record and protecting your privacy.
Understanding Expunction: Clear Your Record
Expunction is a legal process that allows individuals to erase certain offenses from their criminal record. This can open new doors for employment, housing, and more, giving you a fresh start. The process typically involves filing a petition and meeting specific eligibility criteria. With the right guidance, you can navigate this journey smoothly and understand the advantages that come with it.
Expunction vs Non-Disclosure
In Texas, there are two major options for clearing your record. Those options are expunction and non-disclosure.
Expunction
The expunction is the most thorough. If an expunction is granted, all police reports, finger prints, mug shots and court records are destroyed. Even the fact that there was an expunction is destroyed. There is literally no evidence that you were ever arrested.
To qualify for an expunction your case must have been dismissed without doing probation. So if your case was an outright dismissal, or if you did pretrial diversion, you qualify for an expunction.*
Non-Disclosure
A non-disclosure hides your case from the general public, but the government can still see it. So, if a case is non-disclosed, an apartment complex or most jobs will not be able to see it. But let’s say you want to become a teacher, the State Board of Education can see it, and the school that hires you can see it.
There are many ways to qualify for non-disclosure. The most common way is if you completed deferred adjudication to have your case dismissed. But some misdemeanors can be non-disclosed even if you have a conviction, but it has to be the only conviction on your record.
The most important thing in non-disclosures is that you were never convicted or on deferred adjudication for family violence.
*Some counties in Texas will not expunge cases if another case from the same arrest does not qualify for expunction. For instance, if you were arrested for drugs and DWI at the same time, and the drugs were dismissed, but you were convicted on the DWI, they will not expunge the drugs. Contact us and we will tell you if your county still follows this standard.
Frequently Asked Questions
Here are some common questions about expunction and nondisclosure.
Expunction is the legal process that allows you to completely remove certain criminal records from public view. This process can give you a fresh start by legally erasing past mistakes.
To qualify for expunction, you typically need to have had your charges dismissed or acquitted, and meet specific criteria set by your state laws. Consulting with a legal expert can help clarify your eligibility.
Nondisclosure is a legal order that prevents your criminal record from being disclosed to the public. Unlike expunction, the record still exists but is not accessible, helping you move on without the stigma of past offenses.
The time it takes for expunction or nondisclosure can vary greatly depending on your state’s processing times and the complexity of your case. Generally, it may take several weeks to a few months.
While it’s possible to navigate the process on your own, it’s often beneficial to seek legal advice. An attorney can help ensure you follow the correct procedures and increase your chances for a successful outcome.
Still have questions?
If you have other questions or need more information, feel free to reach out. We’re here to help with the expunction process and other legal matters. Contact us today for personalized support.
Ready to Clear Your Record?
If you’re looking to move forward and leave your past behind, we’re here to help. Our experienced team specializes in expungement services and is committed to guiding you every step of the way. Reach out today, and let’s discuss how we can assist you in clearing your record and reclaiming your future.