Expunctions & Orders of Nondisclosure
A criminal record can follow you for life, affecting employment, housing, professional licensing, and reputation. Texas law provides mechanisms to clear or seal your record in many situations — expunctions and orders of nondisclosure.
Expunction of Criminal Records
Expunction results in the destruction of records. After expunction, you may legally deny that you were arrested or charged.
Orders of Nondisclosure
An order of nondisclosure seals records so they are not accessible to most employers, professional licensing boards, or the public.
Restoration of Reputation
Criminal records can haunt employment, housing, and professional opportunities. Clearing your record allows you to move forward.
Who Is Eligible?
Eligibility for expunction or nondisclosure depends on several factors, including the type of charge, whether the case was dismissed or resulted in acquittal, and compliance with any probation terms.
Common Expunction & Nondisclosure Scenarios
Dismissed Charges
If your charges were dismissed, you may be eligible for expunction, which destroys the records. This is one of the most straightforward expunction scenarios.
Acquittal at Trial
If you were acquitted at trial, the charges are erased. You may also be eligible for expunction of the arrest record, allowing you to state you were never charged.
Completed Probation
If you successfully completed probation without violation, you may be eligible for an order of nondisclosure on most misdemeanors and some felonies, sealing your record from most employers and agencies.
Deferred Adjudication
If you received deferred adjudication and successfully completed probation without violation, you may be eligible for nondisclosure, allowing you to deny the arrest and charge in many circumstances.
Waiting Periods
For some offense types, Texas law imposes waiting periods before you can file for expunction or nondisclosure. These periods vary based on the offense. For others, you may file immediately after dismissal or acquittal.
Important Considerations
Not All Records Can Be Cleared
Some charges are not eligible for expunction or nondisclosure. Felony convictions where you were sentenced to incarceration typically cannot be expunged. Certain offenses involving family violence, sexual offenses, or crimes against children may have different rules.
A careful analysis of your specific charge, sentence, and compliance with any probation terms is necessary to determine your options.
Clear Your Criminal Record
If you have a dismissed charge, acquittal, or completed probation, you may be eligible for expunction or nondisclosure. Don't let an old criminal record haunt you. Schedule a consultation to explore your options.
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