Understanding the Difference Between Texas Expungements and Non-Disclosures of Criminal Records

In the state of Texas, having a criminal record can be a significant obstacle to moving forward in life. It can affect job opportunities, housing applications, and various other aspects of daily life. Fortunately, there are legal mechanisms in place that allow individuals to minimize the impact of their criminal records. Two of the most common options are expungements and non-disclosures. While both aim to provide a fresh start, they serve distinct purposes and have different eligibility criteria.

Expungements in Texas

Expungement, also known as expunction, is the legal process of erasing a criminal record as if it never existed. In Texas, if you are granted an expungement, the record is completely destroyed. It’s as if the incident never occurred.

 

Eligibility for Texas Expungement

• Acquittal or conviction overturned on appeal.
• Received a Pardon from the Governor.
• Class C misdemeanors with successful completion of deferred adjudication.
• Arrests where charges were never filed.
• Charges were filed but were later dismissed.

The primary advantage of expungement is that you can legally deny the existence of the criminal record in most situations, such as during a job interview or filling out an application.  However, it’s essential to note that not all criminal cases are eligible for expungement in Texas. Convictions, guilty pleas, or cases involving deferred adjudication are generally not eligible.

Nondisclosures in Texas

Non-disclosure, on the other hand, is a legal process that restricts access to your criminal record rather than completely erasing it but still allows you to legally deny the existence of your record on an application requesting information regarding your criminal history.

When a non-disclosure is granted, your criminal record remains accessible to certain government agencies, but private employers and landlords cannot view it during background checks. This allows individuals to pursue employment and housing opportunities without their criminal history being a barrier. Your sealed record remains accessible to government agencies, including law enforcement and federal agencies, and licensing agencies.  For a full list of agencies able to access a sealed record Click Here

It’s important to note that some offenses have certain waiting periods associated with them, depending on the severity of the offense.

Eligibility for a Texas Nondisclosure

• Successful completion of deferred adjudication for qualifying offenses.
• Misdemeanor convictions for qualifying offenses with no prior criminal history.
• Waiting periods may apply, depending on the offense.
• Some convictions, like family violence, are ineligible for nondisclosure.

Key Differences

1. Effect: Expungement erases the record entirely, while nondisclosure simply seals it.
2. Access by Government: An expunged record is eradicated, even from government databases. A nondisclosed record remains accessible to certain government agencies.
3. Eligibility: Expungement generally applies to cases where charges were dropped, dismissed, or the individual was acquitted. Nondisclosure often applies to those who successfully complete deferred adjudication for qualifying offenses.

Although there are key differences, both are valuable tools for limiting the effect of a past criminal arrest.  Certain criminal cases are typically either eligible for an expunction or a nondisclosure, but not both.  Therefore, there is not usually a choice over one or the other but choose the one that meets the eligibility qualifications for your case.

Why Seek Professional Help?

Both expungement and nondisclosure offer a chance to leave the past behind, but the legal process can be intricate and demanding. Consulting with a Texas expungement attorney can:

• Determine Eligibility: Not all criminal records qualify for expungement or nondisclosure. An experienced lawyer can assess your specific situation and guide you to the right solution.
• Navigate Legal Procedures: Filing petitions, meeting deadlines, and attending hearings require understanding and experience. An expungement lawyer can manage these complexities, maximizing your chance of success.
• Customize Approach: Each case is unique, and an adept lawyer can customize the approach to match your specific circumstances.
• Offer Assurances: By hiring a qualified expungement or nondisclosure attorney, you can rest assured that your record will be expunged or sealed to the fullest extent of the law.
• Expedite the Process: The process can take between 3-6 months typically but hiring an attorney familiar with the process can minimize this time frame.

Conclusion

If you’re seeking to move past a criminal record, understanding the difference between expungement and nondisclosure is the first step. Whether you are eligible for an expungement or a nondisclosure, having a qualified Texas expungement lawyer by your side can be a game-changer. At TexasExpungementLawyer.com, we specialize in assisting individuals in regaining control over their lives. Contact us today to find out how we can help you on your road to recovery or Click Here to Schedule a Free Consultation.