Expungement vs. Non-Disclosure in Texas
In Texas, if you’ve been involved in the criminal justice system, clearing your record is often a top priority. Criminal charges, even if they didn’t result in a conviction, can have long-term consequences for employment, housing, and other aspects of your life.
Fortunately, Texas offers two primary legal options to help individuals reduce the impact of their criminal history: expungement (or expunction) and orders of non-disclosure (often referred to as "sealing" a record).
While both expungement and non-disclosure can help you limit public access to your criminal record, there are significant differences between the two processes. As an attorney at the Law Office of Sherrod J. Edwards in Dallas, Texas, I aim break down the distinction between expungement and non-disclosure in Texas, who qualifies, and how each can benefit you.
What Is Expungement?
Expungement, or expunction, is a legal process that allows for the complete removal of your criminal record from the public domain. Once an expungement is granted, it’s as if the arrest or charge never happened. Not only is your record erased from public databases, but government agencies are also required to destroy any records related to the incident.
In essence, expungement gives you a fresh start. You can legally deny the arrest or charge when asked by potential employers or landlords since it will no longer appear in background checks.
Who Qualifies for Expungement in Texas?
Not everyone qualifies for expungement in Texas. The state has strict guidelines regarding who is eligible. Generally, you may be eligible for expungement if:
You were arrested but never formally charged.
Your case was dismissed or dropped without a conviction.
You were acquitted of the charges by a court.
You were convicted but later pardoned.
You were convicted but later found not guilty on appeal.
Importantly, individuals who successfully complete deferred adjudication (a form of probation) are generally not eligible for expungement. However, they may qualify for an order of non-disclosure, which we’ll discuss later.
Also, expungement may not be available for more serious offenses, such as violent crimes or repeat offenses. The key benefit of expungement is that it completely wipes the slate clean, removing all traces of the arrest or charge from your record.
The Expungement Process
The process of obtaining an expungement in Texas begins by filing a petition with the court in the county where the arrest or charge took place. You’ll need to include details about the arrest, the outcome of the case, and why you believe you’re eligible for expungement.
Once the petition is filed, the court will schedule a hearing where both you and any opposing parties (such as the prosecutor’s office) can present arguments. If the court agrees that you meet the criteria for expungement, they’ll grant the petition, and the relevant government agencies will be ordered to erase the records.
It’s essential to work with an experienced criminal defense attorney throughout this process to make sure that your petition is properly filed and that your case is presented effectively.
What Is an Order of Non-Disclosure?
An order of non-disclosure is different from expungement in that it doesn’t completely erase your criminal record. Instead, it seals your record from public view, meaning it won’t show up in background checks conducted by most employers, landlords, or the general public. However, certain government agencies and professional licensing boards may still be able to access the sealed records.
In Texas, non-disclosure is typically available for individuals who successfully completed deferred adjudication. Deferred adjudication is a form of probation where the court agrees to dismiss the charges upon successful completion of probation terms. Although deferred adjudication avoids a conviction, the arrest, and probation can still appear on your criminal record, which is why an order of non-disclosure may be necessary to limit the impact of the case.
Who Qualifies for Non-Disclosure in Texas?
To qualify for an order of non-disclosure, you generally must have successfully completed deferred adjudication without violating the terms of your probation. However, not all offenses are eligible for non-disclosure. For example, serious crimes such as sexual offenses, violent crimes, and certain types of fraud or human trafficking are excluded from non-disclosure.
Additionally, if you were convicted of or pled guilty to any other criminal offense during the deferred adjudication period, you may no longer qualify for non-disclosure. It’s essential to consult with a criminal defense attorney to determine whether your specific case qualifies.
The Non-Disclosure Process
The process of obtaining an order of non-disclosure begins by filing a petition with the court. The petition should outline the details of the case and demonstrate that you meet the eligibility requirements. After the petition is filed, the court will hold a hearing to review your case.
If the court determines that you’re eligible and that granting non-disclosure is in the interest of justice, they’ll issue the order, sealing your criminal record from public access. While the record isn’t erased, most potential employers, landlords, and others won’t be able to view it.
Just like expungement, obtaining an order of non-disclosure requires a thorough understanding of the legal system, and working with a criminal defense attorney can help secure the best possible outcome.
Key Differences Between Expungement and Non-Disclosure
While both expungement and non-disclosure provide relief from the consequences of a criminal record, there are significant differences between the two processes.
1. Expungement Erases, Non-Disclosure Seals
The most important distinction is that expungement completely erases your record, while non-disclosure simply seals it. With expungement, you can legally claim that the arrest or charge never occurred. With non-disclosure, the record still exists, but it’s hidden from most public view.
2. Eligibility Criteria
Expungement is typically only available if your case didn’t result in a conviction or if you were pardoned. Non-disclosure, on the other hand, is generally available to individuals who completed deferred adjudication. If you were convicted, you’re unlikely to qualify for either expungement or non-disclosure, although there are exceptions for pardons and certain appeals.
3. Accessibility to Records
Once an expungement is granted, your criminal record is erased, and no one can access it, including government agencies. In contrast, with non-disclosure, certain agencies—such as law enforcement, schools, and licensing boards—can still view your sealed record.
4. Type of Offense
More serious offenses are excluded from both expungement and non-disclosure. However, non-disclosure has a broader set of restrictions, particularly for violent crimes, sexual offenses, and other serious offenses.
Which Option Is Right for You?
Choosing between expungement and non-disclosure depends largely on the specifics of your case. If your arrest or charge didn’t result in a conviction, or if your case was dismissed, expungement is the most complete solution, as it permanently removes the record from public view. If you successfully completed deferred adjudication, non-disclosure may be the best option to limit the impact of your criminal record without having it erased entirely.
Consulting with a criminal defense attorney can help you understand which option is best for your situation. A criminal defense attorney can also guide you through the legal process, making sure that you meet the eligibility requirements and that your petition is filed correctly.
Why You Should Clear Your Record
Whether you pursue expungement or non-disclosure, clearing your record can have significant benefits. A criminal record can follow you for the rest of your life, limiting job opportunities, housing prospects, and your ability to move forward.
By expunging or sealing your record, you gain the freedom to apply for jobs, housing, and loans without worrying about the consequences of a past mistake. It also provides peace of mind, knowing that your criminal history isn’t readily accessible to the general public.
My Firm Can Help
In Texas, both expungement and non-disclosure provide valuable tools for individuals looking to limit the impact of their criminal record. If you need legal assistance, then my firm is here to help. Contact me at the Law Office of Sherrod J. Edwards for legal assistance throughout the Dallas area including Cedar Crest, West Dallas, Highland Park, Irving, Farmers Branch, Addison, Richardson, Garland, Mesquite, Batch Springs, Hutchins, Duncanville, and Grand Prairie.