In Texas, there are essentially two ways to clear your record: Expunctions Or Non-Disclosures.
To See Which One You Qualify For:
Expunctions are a destruction of records that removes an arrest record from a person’s adult criminal record. One may certainly be eligible for an expunction if:
1. The Case Never Amounted To Charges
- a. Case was never filed.
- b. Case was investigated but charges were never brought forth.
- c. The Case went to the Grand Jury and not indicted resulting in a NO BILL.
2. The Case, after being charged, was resolved:
- a. with all charges being dismissed.
- b. with a reduction to a Class C Misdemeanor with Deferred Adjudication.
3. You Beat The Charges:
- a. through a Not Guilty verdict at a Trial By Jury or Trial By Court.
- b. By Pardon.
4. Completion of Certain Diversion Programs
- a. First Offender Programs.
- b. Veterans Court.
- c. Mental Health Court etc.
Call 972-515-2959 to see if you’re eligible for an Expunction in Texas today!
Order of Non-Disclosure
An order of non-disclosure is a beneficial order that does not allow law enforcement or Courts to disclose a person’s criminal records to certain entities—particularly private ones. One is, however, only eligible for an order of nondisclosure if they were placed on deferred adjudication and were successfully discharged after completing all requirements. An order of non-disclosure also frees a person from answering on job applications for housing applications, if they have ever been arrested or convicted of an offense.
Eligibility for a non-disclosure requires detailed analysis by an attorney.
Usually, one is eligible if:
- You were placed on deferred adjudication, sometimes referred to as deferred community supervision.
- You were successful on Deferred Adjudication and obtained an Order of Dismissal and Discharge
- The Offense You were placed on Deferred Adjudication for is a Qualifying Offense. Only certain offenses are qualifying offenses. Generally, having to register as a sex offender, any family violence offenses, and/or any aggravated offenses are not eligible. Consult with an attorney to see if you’re eligible.
- Your Criminal History, if any, must not have disqualifying offenses on there.
You are ineligible for an order of nondisclosure if you have ever been convicted of or placed on deferred adjudication for any one of the following (this includes the offense for which the order of nondisclosure is requested):
- An offense requiring sex offender registration under Chapter 62, Code Crim. Proc.;
- An offense under Section 20.04, Penal Code (Aggravated Kidnapping),
- OCA OVERVIEW OF ORDERS OF NONDISCLOSURE REVISED JANUARY 2020 regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code Crim. Proc.;
- An offense under any of the following sections of the Penal Code:
- 19.02 (Murder);
- 19.03 (Capital Murder);
- 20A.02 (Trafficking of Persons);
- 20A.03 (Continuous Trafficking of Persons);
- 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);
- 22.041 (Abandoning or Endangering a Child);
- 25.07 (Violation of Court Orders or Conditions of Bond in a Family
- Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case);
- 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case); or
- 42.072 (Stalking); or
- any other offense involving family violence, as defined by Section71.004, Family Code.
- You must not have been arrested for any new offenses after being placed on Deferred Adjudication for a Certain Period of Time
- Lastly, you have waited an allotted amount of time after completion of Deferred Adjudication to get your order of nondisclosure. The time varies depending on the level of the offense. For Misdemeanors, it is generally a minimum of one year and a maximum of two years, after the completion of deferred adjudication. Felonies require a five year wait.
Our Track Record
Your case matters to us
Worked very hard to beat my case while also showing that she cares as well. Everything you could ask the system for.M.