If you have been arrested or convicted of a crime in Texas, that record is public information. This can make it challenging to find a job, housing, or get approved for a loan. Fortunately, you can sometimes get your record cleared through an expunction or nondisclosure.
The Difference Between Expunction and Nondisclosure in Texas
If you have a criminal record in Texas, you may be eligible to have your criminal record expunged (erased) or sealed through the nondisclosure process. Expunction and an order of nondisclosure are two separate legal processes with different requirements and outcomes.
If your record is expunged, it is as if the arrest or conviction never happened. On the other hand, if your record is sealed through nondisclosure, it will not show up on most background checks, but it will still be available to law enforcement and some government agencies.
The Importance of an Expunction
An expunction is a court-ordered destruction of all records related to an arrest, criminal charge, or conviction. Once an expunction is granted, it is as if the event never occurred. Generally, once your expunction is granted, you will not have to disclose the arrest on job applications or other documents; you can lawfully state that you have never been arrested for or charged with the offense.
The court orders law enforcement agencies, courts, the Texas Department of Public Safety (DPS), and other state agencies to remove any record of the arrest, charge, or conviction.
In the following circumstances, you are eligible to have your criminal record expunged:
- You were arrested but never formally charged
- You were found not guilty
- The charges against you were dismissed
- You were convicted, but the trial court or the Criminal Court of Appeals acquitted you at a later time
- You were convicted for a crime but were then pardoned by the Governor of Texas or the President of The United States
Certain misdemeanor juvenile offenses are eligible for expunction as well. If the crime is classified as a misdemeanor and is punishable by a fine, committed before your 17th birthday, and is under the Alcoholic Beverage Code or a conviction for failure to attend school, you are likely eligible for expunction.
As you can see, expunctions are not available in every case, and the process can be complicated. It is important to consult with an experienced criminal defense attorney to determine whether you are eligible for an expunction.
How to File an Expunction in Texas
If you are eligible for an expunction, you must file a petition with the court and serve notice to the district attorney’s office. The petition must be filed with the civil district court. The court will then hold a hearing, and if they grant the expunction, your criminal record will be sealed or destroyed. At the hearing, the district attorney or any other involved party will have the opportunity to argue against your expunction.
Keep in mind that there’s often a requirement that you wait a certain period of time before being eligible to file for an expunction. For example, if you are trying to expunge a Class C misdemeanor in Texas, you typically must wait 180 days, and for felonies, you must wait three years.
Vinas & Graham, PLLC Can Help
If you have been arrested or convicted of a crime in Texas and would like to know whether you are eligible to have your record expunged or sealed through nondisclosure, contact an experienced criminal defense attorney who can review your case and advise you on your legal options.
Expunctions can be incredibly beneficial, but the rules and requirements can be complicated; however Vinas & Graham, PLLC can help. Call Vinas & Graham, PLLC today at 713-229-9992 for a confidential consultation, or fill out the online contact form for a callback. You can also follow us on Facebook to learn more about our firm and what we do to help our clients.
