Sometimes, when a person gets into conflict with the law, they are given a chance to either remove or seal their record. However, not everyone can avail this legal tool. Expunctions can only be availed by individuals whose arrests never led to a conviction or charges. On the other hand, non-disclosure is for those who completed deferred adjudication or community supervision for certain eligible offenses.
To understand the differences between the two better, here’s a comprehensive explanation of how they work:
Expunction: A Clean Slate
Expunction is the most comprehensive form of record clearing in Texas. It’s essentially a legal process that orders the complete destruction of all records related to an arrest, charge, or conviction. Once an expunction is granted, the individual can legally deny the arrest ever occurred, even under oath. This makes it the preferred option for anyone who qualifies.
Eligibility for Expunction
Expunction is very limited and generally reserved for cases where a person was not convicted. Common situations that may qualify include:
- The case was dismissed and not a result of deferred adjudication.
- The person was acquitted (found not guilty) at trial.
- The person was arrested but never formally charged.
- The conviction was for a specific, minor offense like a Class C misdemeanor with deferred adjudication.
There are also waiting periods that must pass before you can file for an expunction, which vary depending on the type of offense. For example, there’s a 180-day waiting period for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies.
Nondisclosure: Sealing the Record
An order of nondisclosure, often referred to as “sealing” a record, is a more common option for those who completed deferred adjudication. Unlike an expunction, a nondisclosure order doesn’t destroy the record. Instead, it prevents public entities like courts, police departments, and the Texas Department of Public Safety (DPS) from releasing the information to the public.
This means the record won’t show up on a typical background check run by an employer, a landlord, or a school. However, the record is still accessible to certain government agencies and entities, including:
- Law enforcement
- State and federal licensing agencies (e.g., medical and legal boards)
- Government agencies
Eligibility for Nondisclosure
Nondisclosure is available for a wider range of cases than expunction, primarily those where a person successfully completed deferred adjudication for a misdemeanor or certain felonies. This is a form of probation where a person pleads guilty or no contest, completes the terms of their supervision, and in exchange, the case is dismissed and there is no final conviction. There are also specific offenses that are not eligible for nondisclosure, such as aggravated kidnapping, murder, and any offense requiring sex offender registration.
Expunctions & Non-Disclosures: Key Differences
|
Feature |
Expunction |
Nondisclosure |
|
Result |
Record is completely destroyed and removed from existence. |
Record is sealed from public view but still exists. |
|
Eligibility |
Typically for cases with no conviction (dismissed, acquitted). |
Primarily for cases with successful deferred adjudication. |
|
Accessibility |
Cannot be seen by anyone (with limited exceptions). |
Accessible to certain government and licensing agencies. |
|
Right to Deny |
You can legally deny the arrest or offense ever happened. |
You can deny the offense to the public but must disclose it to certain agencies. |
While both provide a chance for a fresh start, the best option depends on the specifics of your case. It’s always best to consult with a legal professional to determine your eligibility and the best path forward. Call the Edgett Law Firm at 972-424-0760 or go to edgettlawfirm.com/contact/ to help you get started with your second chance in life.