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  • By: Litem Law Group
A judge's gavel, handcuffs, and a 'Criminal record' sign on a wooden desk.

In this article, you can discover…

  • The differences between non-disclosure and an expungement.
  • What types of criminal cases are eligible for non-disclosure vs. expungement.
  • The role of a criminal defense attorney in helping you clear or seal your record.

What Are The Differences Between A Non-Disclosure And Expungement In Texas?

An Order of Non-Disclosure means that a legal event (such as an arrest) is still on your record, but is not disclosed to public entities. This means that, for example, if you were to apply for a job at Wendy’s or apply to rent an apartment, they would not see the arrest when they ran a background check. If you were to try to seek a job with the U.S. government, however, they would be able to pull that record.

In the case of Expungement, the legal incident is essentially gone from your record, as though you were never arrested and charged to begin with.

Who Qualifies For Non-Disclosure Or Expungement?

An Order of Non-Disclosure can be applied for once you have completed the terms of your probation or deferred adjudication.

Expungement is more commonly available to people with no prior criminal record and who were found “not guilty” at trial.

What Types Of Challenges May Arise During Either Process?

If you’re requesting a Non-Disclosure Order or seeking Expungement, the worst thing you can do is withhold information from your attorney. If you have had prior legal trouble in another county, please disclose that. If you don’t, you may get to the near end of the process, only for the court to pull your Texas statewide record and announce that you are not eligible.

How Does An Experienced Criminal Defense Attorney Begin The Process Of Clearing My Criminal Record?

Your criminal defense attorney can begin the process by gathering your legal history and filing the petition with your local court. Your attorney will help you make sure that any requirements for the Order or Expungement request are met and will represent you at final hearings, as well.

Still Have Questions? Ready To Get Started?

For more information on expungement in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 784-9020 today.