Know Your Rights: What to Do When Pulled Over in Texas
Texas Expunction

Expunctions, Non-Disclosures, & Pre-Trial Diversions

Have you been charged with a crime in Texas, and you’re looking for the best way to secure your future?

Whether it’s your first misdemeanor or felony offense or you have a history of offenses, it is worrying to think about what your charge may do to your future. Will you be able to stay in your job or go after the career that you have a future in? How will it affect your ability to obtain housing or get into the school you want?

While misdemeanor and felony offenses are very serious, it’s important to know that there are silver linings. The best case scenario for you might include an expunction, a non-disclosure, or a pre-trial diversion. Find out what each of these are and when you are eligible for them, so that you can figure out what route you want to work towards with your lawyer.

Expunctions In Criminal Cases

What Is An Expunction?

An expunction of your charge or arrest means that any records kept by any agency, regarding your charge or arrest, will be permanently deleted. This is the best case scenario for just about anyone, but that doesn’t mean that an expunction is easy to obtain.

How To Qualify For An Expunction

There are three scenarios in which you may be eligible for an expunction. If your case is dismissed by the court or prosecution, you may be eligible for an expunction. If the Grand Jury on your case issues a “no bill”, you have a chance for an expunction. If you are found “Not Guilty” by the court or jury, you also might be eligible for an expunction.

When an expunction occurs, it is a civil lawsuit, and the court will order the prosecuting office (usually the District Attorney), the District or County Clerk, the Texas Department of Public Safety (DPS), and any law enforcement agency that arrested or investigated your case to delete your files permanently.

Summary: When you are granted an expunction on your case, your records are permanently deleted. To be eligible for an expunction, your case must either be dismissed by court, issued a “no bill” by the Grand Jury, or found “Not Guilty”


Non-Disclosures In Criminal Cases

What Is A Non-Disclosure?

A non-disclosure is a court order that your record of arrest can be maintained by any government agency, but they will not be able to be release it to the general public, private companies, or individuals. The records can only be shared with other government agencies.

How To Qualify For A Non-Disclosure

An order of a non-disclosure is possible for those who have been granted a deferred adjudication, have been placed on probation, and have successfully completed probation. In most misdemeanor cases, not including those in domestic or family violence, you become eligible for the court to order a non-disclosure. For many types of felony offenses, a non-disclosure may be available to you after you complete your deferred adjudication and go five years without a conviction or being placed on probation for anything other than a traffic offense.

Summary: When you receive an order of a non-disclosure in a criminal case, government agencies may keep your record and share it with other government agencies. However, they will not be able to release it to the public, private companies, or individuals. To qualify for a non-disclosure, you’ll have to be granted a deferred adjudication, placed on probation, and successfully completed probation. In felony cases, you’ll also need five years without a conviction or probation, other than a traffic offense.

Pre-Trial Diversions In Criminal Cases

What Is Pre-Trial Diversion?

A pre-trial diversion is granted by the prosecution and is a supervision program that, if you successfully complete, will result in your case being dismissed. It’s a great way to keep your record clean. And if your case is dismissed, you may then be eligible for a full-on expunction in the future.

How To Qualify For Pre-Trial Diversion

Pre-trial diversion is a case-by-case scenario, but common qualifications for pre-trial diversion are:

  • Non-violent crimes
  • The offender is a minor or under age 25
  • Drug-related offenses
  • No continuing patterns of offense
  • The offender acknowledges wrongdoing
  • The offender shows a desire to participate in and be successful in the diversion program

Summary: When you are granted a pre-trial diversion, you are put into a supervision program, and if completely successfully, your case will be dismissed and possibly later expunged. In many cases, pre-trial diversions are granted for non-violent crimes, offenders under age 25, drug offenses, a lack of continuing pattern of offenses, and the offender acknowledging his or her crime, while desiring to be successful in a diversion program.

Texas Pre-Trial Diversions

How To Get The Best Results For Your Case

When you’ve been charged with a criminal offense in Texas, it’s important for you to immediately get in contact with an experienced lawyer who knows what the best path is for you and your case. It’s important to discuss your options before court, so that you don’t accidentally disqualify yourself from your best case scenario.

The criminal attorney lawyers at Vinas & Graham, PLLC are former felony chief prosecutors who are experienced in knowing exactly what you need to do to qualify for the best scenario in your criminal case. They will ensure that you are on the right track for your future, because they know the in’s and out’s of each and every criminal case. They will be your guiding light throughout the process, and you will be confident that you chose Vinas & Graham, PLLC for your case representation.

Once you call us at (713) 229-9992, email us, or send us a message on our contact form, we’ll start to get to know you and your case, and we’ll get you set up for a free consultation to meet with a lawyer. We’ll then learn everything we can about your case, and we will figure out what steps we need to take to get you the results you want. We’ll be by your side throughout the process, helping you in any way possible.

Summary: Vinas & Graham, PLLC is an experienced criminal defense law firm that specializes in helping you become granted with an expunction, non-disclosure, or pre-trial diversion. When you partner with us, you’ll know you’re going to get the best result for your case.

Contact Us To Get Help With Your Expunction, Non-Disclosure, Or Pre-Trial Diversion

While being charged with a criminal offense can be paralyzing, it is a lot easier to put your case in the hands of a top Texas lawyer who can help you with an expunction, non-disclosure or pre-trial diversion, so that you know that your future is secured. We want to make sure to do everything we can for your case to not get in the way of your goals, dreams and your family life.

Don’t wait to get help! Talk to one of our friendly professionals now by calling (713) 229-9992, emailing us, or sending us a message on our contact form, and we’ll get you started on your case today!

1210 West Clay
Suite 12
Houston, TX 77019

Houston Criminal Law Firm