Expunction | Nondisclosure

An arrest means a public record is created that can be viewed by anyone that does a simple background check.

Completing deferred adjudication does not mean charges will disappear from your criminal record.  You might not have a conviction, BUT the criminal charges will remain visible to anyone the checks your background, unless you obtain an order of non-disclosure or expunction.

An arrest on your criminal record can have profound effects on your life and future.  Despite the circumstances or outcome, it can affect your ability to obtain employment or pursue an education.  It can also affect your ability to apply for or keep a professional license.  It can even affect your ability to purchase or rent property.

There is a lot of confusion about the difference between expunctions (Expungements) and non-disclosures.

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Expunctions

ONLY where you have been found not guilty (Acquittal), the charge was dismissed without probation, or the Felony charge was No-Billed by the grand jury. Also, those that have completed deferred adjudication, or even have a conviction, for a class-C misdemeanor, are eligible.

What is the process?

You qualify for immediate expunction for No-Bills or acquittals, but for felony indictments…there are Two Routes

• (1) Statute of limitations has run; or,
• (2) you meet one of the waiting periods once the indictment was dismissed (you meet the 3-year catch-all under Tx R Crim P. 12.01(7), 5-year wait period for Theft, Robbery, or burglary, 7 year waiting period for Credit Card abuse, or 10 year waiting period for forgery).

Expunction – One major exception

Defendant convicted of or remains subject to prosecution for the same criminal episode. (Ie…you could still be charged for other offenses relating to the same conduct).

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Non-Disclosure

Who is eligible?

Successfully complete deferred adjudication. Have not been released from deferred adjudication for one of the exceptions.

What is the process?

File a petition for non-disclosure and pay the applicable filing fee in your county. Certain waiting periods are in place for certain offenses, and are as follows: 5-years for all felonies, 2-years on some misdemeanors (abuse of corpse, public lewedness, bigamy, cruelty to animals).

Who is NOT eligible?

Anyone that has completed deferred adjudication for a sexual offense, violent offense, for harming children, or for a charge of family violence.

WHEN YOU STILL MAY NOT BE ELIGIBLE

It is at the judges discretion whether or not to grant the non-disclosure, and it is the burden of the petitioner to prove that granting the non-disclosure is in the best interest of justice, and the person applying for the non-disclosure.

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Need Help Cleaning Up Your Record?

Call Houston Criminal Defense Attorney Tristan LeGrande to get an Order of Non-disclosure or criminal records Expunged today!