Expunctions & Orders of Non-Disclosure
Expunctions & Orders of Non-Disclosure
Many people assume that if their case gets dismissed that their record is automatically cleared. In Texas, this is not true. Even if the prosecutor dismisses your case or a jury finds you “not guilty” at trial, the fact that you were arrested and accused of a crime can still show up on a criminal records search or background check.
Similarly, if you plead “no contest” and are given what is called “deferred adjudication,” your record is not cleared as soon as you successfully complete your deferred probation. Many of our clients who come to our office seeking advice on how to clear their criminal records are shocked at how easily we can find misdemeanor criminal history from as far back as the 1970s within minutes on the computer. Your adult criminal record is almost never cleared automatically.
There are many differences between an Expunction and an Order of Non-Disclosure. It can be helpful to think of an Expunction as “erasing” your record and an Order of Non-Disclosure as “sealing” your record. Whether or not you qualify for an Expunction, an Order of Non-Disclosure, or neither is something we can discuss at your free consultation.