Expunctions and Nondisclosures:
Skeletons from the Past?
With the always-increasing abilities and powers of the internet, cases and arrests (skeletons) that you thought were “dead” might still be haunting your life. If this sounds like a problem you have, you should strongly consider whether or not you can expunge or nondisclose your record. To quickly determine the answer, call me, use the form on this page to set up an appointment or, click here.
There is a substantial difference between an expunction and a nondisclosure. However, the terms are often used interchangeably. Simply put, an expunction is a Court Order stating that all records pertaining to a certain offense shall be destroyed. Whereas, a nondisclosure is a Court Order prohibiting public entities such as courts and police departments from disclosing certain criminal records.
While both filings – expunction and a nondisclosure – serve their purpose, an expunction is clearly superior. However, not everyone is entitled to an expunction. Expunctions are reserved for those whose charges have been dismissed without probation (unless it was a Class C ticket) or acquitted at trial.
Nondisclosures, on the other hand, are utilized when an individual:
- is placed on deferred adjudication probation on an eligible offense*;
- successfully completes deferred probation on an eligible offense*;
- waiting the required amount of time, if any; and
- must not have been placed on deferred probation or convicted on any offense during probation or the relevant waiting period (#3).
*Nondisclosures cannot be obtained on certain offenses under the Texas Penal Code, cases involving family violence, or cases requiring sex offender registration. As with all areas of criminal law, every case deserves its own analysis. If I determine that your case is eligible for an expunction or a nondisclosure, I will help you obtain the proper relief as quickly as possible. Here at Gallian Firm LLC, I aim to answer all of your questions and worries in the first meeting. No one likes skeletons, so let me get rid of them. Let me Fight For You!
Texas Code of Criminal Procedure: 55.01
Right to Expunction
(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was arrested and is:
(A) acquitted by the trial court, except as provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person’s actual innocence; or
(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Chapter 42A for the offense, unless the offense is a Class C misdemeanor, provided that:
Read the rest here.
Thank you for reading this article in Gallian Firm – Criminal Law News. The information contained in this post is based upon the experience of the lawyers at Gallian Firm and should not, under any circumstances, be construed as legal advice. Every case is different and warrants its own analysis.
Using this website or submitting an appointment request does not create the attorney-client relationship. Knowing this, please use caution when deciding what information to disclose on the website form.
Criminal Law News is used to inform visitors of potential situations that arise in the criminal law world. The information provided is not taken from one specific case. Rather, it is general information that could be applied in certain situations. Use of this website is conditioned upon that understanding.