Blog Highlights

• Expungement and Non-Disclosure: These are legal processes in Texas that can help you clear your criminal record or seal it from public view.
• Eligibility: Specific eligibility criteria apply to both processes, based on the type of offense, the outcome of the case, and other factors.
• Benefits: Both processes can significantly improve your chances of employment, housing, and other opportunities.
• Seek Legal Advice: Consulting with an experienced Texas Expungement attorney is crucial to navigate the complex legal procedures and ensure your eligibility.

In the vibrant city of Dallas, a past mistake shouldn’t dictate your future. We all make choices we regret, and sometimes those choices lead to a criminal record. The weight of this record can feel like a life sentence, barring you from opportunities like good jobs, housing, and even educational advancement. But there’s hope. Texas law offers two powerful tools – expungement and non-disclosure – that can help you shed the burden of a past offense and move forward with confidence.

Expungement completely erases your criminal record, making it as if the offense never occurred. Non-disclosure seals your record from public view, giving you a clean slate in most situations. Each process has specific requirements and benefits, but both can provide a fresh start and a path towards a brighter future. This blog post will explore the ins and outs of expungement and non-disclosure in Texas, shedding light on who qualifies, how the processes work, and the transformative impact these legal tools can have on your life.

What is Expungement?

Expungement, also known as expunction in Texas, is a legal process that offers a fresh start. When your record is expunged under Texas Code of Criminal Procedure Art. 55.01, it’s as if the offense never happened. The slate is wiped clean, giving you the freedom to pursue opportunities without the shadow of your past hanging over you.

Eligibility for Expungement in Texas:

While expungement isn’t available for every offense, Texas law does allow it in several situations:

• Arrests Without Charges: If you were arrested but no charges were filed, you may be eligible.
• Dismissed Charges: Charges that were dismissed may also qualify for expungement.
• Deferred Probation on Class C Offenses: If you receive deferred probation on a Class C offense, you may quality for an expunction. But be careful, if you are convicted, a Class C offense cannot be expunged under current Texas law.

Benefits of Expungement:

The impact of expungement is profound. With an expunged record, you can:

• Apply for jobs without fear of your past holding you back.
• Secure housing without worrying about being rejected due to a criminal record.
• Pursue education without the stigma of a past offense.
• Feel a sense of relief knowing your past mistakes no longer define your future.

Remember, not all offenses qualify for expungement, and the process can be complex. To explore whether expungement is an option for you, it’s crucial to consult with an attorney who can guide you through the process and help you understand your legal rights.

What is Non-Disclosure?

Non-disclosure, formally known as an Order of Non-Disclosure, is a legal process established in Texas Government Code, Chapter 411, that offers a way to shield your criminal history from public view. Unlike expungement, non-disclosure doesn’t erase your record; instead, it seals it from most public entities, giving you a clean slate in many situations.

Eligibility for Non-Disclosure in Texas:

Non-disclosure in Texas is a second option if your case does not qualify for an expunction. If you have successfully completed deferred adjudication probation or community supervision for a misdemeanor or felony, you may be eligible for non-disclosure. Additionally, you may qualify for a non-disclosure for a single misdemeanor conviction (including one in which you received jail time) if you have no other criminal history. However, there are certain offenses that are not eligible, such as those requiring sex offender registration or offenses involving family violence.

Benefits of Non-Disclosure:

While non-disclosure doesn’t erase your record entirely, it provides significant advantages:

• Employment: You won’t have to disclose the offense on most job applications, opening doors to new career opportunities.
• Housing: Landlords and property managers won’t be able to see the sealed offense, making it easier to secure housing.
• Licensing: Professional licensing boards are often restricted from accessing sealed records, allowing you to pursue your desired career path.
• Peace of Mind: Knowing your past is shielded from public view can alleviate the stress and stigma associated with a criminal record.

It’s important to note that non-disclosure orders are not absolute. Certain entities, like law enforcement agencies, may still have access to your sealed records under specific circumstances. Additionally, there are waiting periods that apply depending on the type of offense before you can seek a non-disclosure order.

As with expungement, the non-disclosure process can be complex, and eligibility requirements can vary. Consulting with an attorney is the best way to determine whether you qualify for non-disclosure and to navigate the legal procedures involved.

The Process: Step by Step

Navigating the legal processes for expungement and non-disclosure in Texas involves several key steps:

1. Determine Eligibility:
   1. Expungement: Review the specific criteria for expungement, considering the nature of your offense, the outcome of your case, and any waiting periods that may apply.
   2. Non-disclosure: Assess your eligibility based on the type of offense, the completion of deferred adjudication probation or community supervision, any criminal history, and any waiting periods.
2. Gather Documentation:
   1. Collect all relevant court documents, including arrest records, indictments, court dispositions, and probation records.
   2. Obtain a copy of your criminal history report from the Texas Department of Public Safety if necessary.
3. Prepare and File Petitions:
   1. Expungement: Complete the Application for Expunction and file it with the appropriate district or municipal clerk’s office.
   2. Non-disclosure: Prepare the Petition for Non-Disclosure and file it with the county or district court that originally handled your case.
4. Attend Court Hearings:
   1. Both expungement and non-disclosure can require court hearings.
   2. Be prepared to present your case and answer any questions from the judge.
5. Await Court Order: If the judge grants your petition, a court order will be issued for either the expunction or non-disclosure of your record.

Important Considerations:

• Legal Assistance: The expungement and non-disclosure processes can be complex and time-consuming. Seeking legal guidance from an experienced attorney can significantly increase your chances of success.
• Timelines: There are strict timelines and deadlines associated with these processes. It’s crucial to adhere to these timelines to avoid delays or potential rejection of your petition.
• Fees: Filing fees and court costs may apply. Be prepared to cover these expenses as part of the process.

By understanding the steps involved and seeking professional guidance, you can confidently pursue expungement or non-disclosure, taking a significant step towards a brighter future free from the burdens of your past.

Remember, we at M|C Criminal Law are here to help. Our experienced team can guide you through every step of the process, ensuring your rights are protected and your goals are achieved.

Common Misconceptions: Clearing Up Confusion About Expungement and Non-Disclosure in Texas

While expungement and non-disclosure offer immense benefits, several misconceptions can lead to confusion and dashed hopes. Let’s set the record straight:

Myth #1: All Offenses Can Be Expunged or Sealed

False: Unfortunately, not all offenses qualify. Certain serious offenses, such as aggravated felonies or sex crimes, are typically ineligible for expungement or non-disclosure.

Myth #2: Non-Disclosure is the Same as Expungement.

False: Non-disclosure seals your record from most public view, while expungement completely erases it.

Myth #3: Once Your Record is Expunged or Sealed, It’s Gone Forever.

False: While expungement permanently removes a record, non-disclosure orders can be challenged in certain situations.

Myth #4: DIY is the Way to Go.

False: The legal processes for expungement and non-disclosure can be complex, with specific requirements and deadlines. A misstep could lead to your petition being denied.

Myth #5: Expungement and Non-Disclosure Are Instantaneous.

False: Both processes take time. It can take several months, or even longer, to complete.

Myth #6: An Expungement or Non-Disclosure Order Guarantees Employment.

False: While a clean record significantly improves your chances, employers can still consider other factors in their hiring decisions.

Don’t let these misconceptions deter you. By understanding the facts and seeking legal guidance, you can effectively navigate the expungement or non-disclosure process and unlock a brighter future.

Your Fresh Start Begins Today

If you’re carrying the weight of a past criminal offense, you don’t have to let it define your future. Expungement and non-disclosure in Texas offer a path to a brighter tomorrow, where opportunities are unlocked, and your past mistakes no longer hold you back.

At M|C Criminal Law, we understand the challenges you face, and we’re here to help. Our dedicated team has extensive experience helping clients navigate the complexities of expungement and non-disclosure, ensuring their rights are protected and their goals are achieved.

Don’t wait another day to take the first step towards a fresh start. Let us help you understand your options and guide you on the path to a brighter future. Remember, a past mistake doesn’t have to be a life sentence. With the right legal tools and support, you can move forward with confidence and embrace the opportunities that await you.