Expunction / Non-Disclosure Attorney

What is a Nondisclosure Order?

A nondisclosure order requires the government to seal all of your criminal records. This means the records are no longer accessible to the general public; however, law enforcement and state agencies may still view these records. If you obtain an order for nondisclosure, you can deny having a criminal record in some circumstances, such as when applying for a private sector job or housing but not in other circumstances, such as when applying for a public sector job or in immigration proceedings.

Why should I get an Expunction or Nondisclosure Order?

Both expunctions and nondisclosure orders can have a positive impact on your public persona, remove stigma, and reintegration into society. Having a conviction on your record or viewable to the general public can make it difficult to obtain employment, find housing, or receive a loan, among other things. Additionally, an expunction, unlike a nondisclosure order, can remove any potential erroneous deprivations of civil rights, including the right to possess a firearm.

Am I Eligible for an Expunction in Texas?

Records eligible for expunction include: (i) an arrest for a crime that was never charged; (ii) a criminal charge that was ultimately dismissed; (iii) certain qualifying misdemeanor juvenile offenses; (iv) conviction of a minor for certain alcohol offenses; (v) conviction for failure to attend school; (vi) arrest, charge, or conviction on a person’s record due to identity theft by another individual that was actually arrested, charged or convicted of the crime; (vii) conviction for a crime that was later acquitted by the trial court or the Criminal Court of Appeals; and (viii) conviction for a crime that was later pardoned by the Governor of Texas or the U.S. President. Courts will not grant expunctions to adults who have received deferred adjudication or probation or who have been convicted of a felony within five years of the arrest the person is seeking to have expunged. Finally, courts will not grant expunctions for felony charges that have been dismissed if the statute of limitations has not expired because a prosecutor may decide to refile charges before the statute of limitations runs out.

What is the Process to get an Expunction or Nondisclosure Order Granted in Texas?

It is advisable to speak with an expunction lawyer before starting the expungement process, as they can walk you through the process of preparing and filing a Petition for Expunction with the court eligible to grant an Order of Expunction in your case. Petitions for Expunction require a lot of information such as personally identifiable information, the offense charged, the arrest date, the arresting agency, where records of the arrest may exist, how the charge was resolved, the date the charge was resolved, and more. Additionally, there will likely be a hearing to allow the applicable agencies and facilities to contest the expunction.

If an individual cannot get an expunction due to the nature of the offense or conviction, they can apply for a nondisclosure order. This will prevent all private parties from accessing the details of the case. Individuals who successfully complete deferred adjudication and receive a discharge and dismissal of their case may apply for a nondisclosure order after a statutory waiting period has passed. In order to obtain an Order of Nondisclosure, a petition needs to be filed with the court that was involved with the original offense, then a hearing will be conducted to determine if the court should grant the petitioner’s request.

How to get a Juvenile Record Sealed or Expunged?

The process of getting a juvenile record sealed or expunged is a bit different. If you were referred to juvenile court before the age of 17 in Texas, you have a juvenile record in the state of Texas. If you were referred to juvenile court for CINS (child in need of supervision), your records are sealed when you turn 18. If you were referred to juvenile court for delinquent conduct but never adjudicated for a felony, your records will be sealed when you turn 19. To have your records sealed in both of these cases, you must not have any pending adult or juvenile charges. These types of sealings are automatic. However, juvenile records will not be sealed if a juvenile receives a determinative sentence for committing certain crimes such as murder, has to register as a sex offender, has his or her case moved to adult court, or is considered a habitual felony offender. A sealed juvenile record allows individuals to deny any proceeding in any application for employment, licensing, admission, housing, or other public or private benefit. Additionally, juveniles may have their records expunged if they have only 1 Class C misdemeanor conviction prior to their 17^th birthday.

Can I get an Expunction if I Received Probation?

Unfortunately, even if you only receive a sentence of probation, you will be disqualified from receiving an expunction unless you were charged with DUI, DWI, and/or UCW (unlawfully carrying weapons). However, even if you are not eligible for an expunction, you may be eligible for a nondisclosure order.

Can I get an Expunction if I Received a Deferred Prosecution or Pre-Trial Diversion (PTI)?

Typically, deferred prosecution cases result in a dismissal of your case. However, deferred adjudications are generally not eligible for expunction. However, if your case results in a dismissal upon the successful completion of a pre-trial diversion program, then you may qualify for an expunction.

What Deferred Adjudications can I get an Expunction?

If the offense for which you were arrested is a Class C misdemeanor or an Unlawfully Carrying a Weapon offense that occurred before September 1, 2019, then you may qualify for an expunction upon successful completion of deferred adjudication. However, Class B or A misdemeanors and felonies typically do not qualify for an expunction, even if the result of the case is deferred adjudication.

How do you get an Expunction or Nondisclosure in Texas – Hire an Expunction Lawyer in Houston, TX Today

Consult with an expunction lawyer right away. As you can tell, getting an expunction from your record can significantly improve your life by opening up more opportunities for you. The attorneys at Walker & Taylor will provide experienced legal representation to help you get an expunction. Contact the firm for a free case evaluation by calling (281) 668-9957 today!