Many people don’t realize that even if you are not ultimately convicted, your arrest or dismissal will be on your record for the rest of your life in the Texas Department of Public Safety Computerized Criminal History System. However, there are ways to help expunge these offenses from your record. The two main legal remedies available in Texas are the Order of Expunction and the Order of Non-Disclosure. Understanding these processes can help you clear your record and move forward with your life.
What Is An Order of Expunction?
An order of expunction will erase your criminal record completely. This means that any record of your arrest, charges, or court proceedings will be destroyed, and you can legally deny that the incident ever occurred. This is the most comprehensive way to clear your criminal history.
Eligibility for Expunction
There are only a few situations in which you can get an order of expunction. These are:
- You Were Found Not Guilty at Trial: If you were acquitted of the charges, you are eligible for expunction.
- Your Charges Were Dismissed: If the charges against you were dropped or dismissed, you may qualify for expunction.
- Deferred Disposition on a Class C Misdemeanor: If you received a deferred disposition (probation) for a Class C misdemeanor and successfully completed it, you can apply for expunction.
- You Won on Appeal: If you were convicted but later won on appeal, you are eligible for expunction.
- You Were Granted a Pardon by the Governor: If the governor pardons you, you can seek expunction of your criminal record.
How to Apply for Expunction
If any of the above situations apply to you, contact Smith & Vinson Law Firm. Our experienced attorneys can help you navigate the expunction process, ensuring that all necessary paperwork is filed correctly and promptly. We will work to ensure that your record is cleared as quickly as possible.
What Is An Order of Non-Disclosure?
An Order of Non-Disclosure does not erase your criminal record but rather “seals” it. This means that while the general public and most employers cannot access your criminal record, it can still be viewed by law enforcement agencies and certain government entities.
Eligibility for Non-Disclosure
An Order of Non-Disclosure is typically available to individuals who have completed deferred adjudication. Deferred adjudication is a type of probation where the court defers the finding of guilt, and upon successful completion of probation, dismisses the case.
Judges' Discretion
It is important to note that judges have complete discretion in whether to grant Orders of Non-Disclosure and can do so only “in the best interest of justice.” This means that even if you are eligible, the judge may deny your request based on the specifics of your case.
Waiting Periods and Restrictions
Depending on the crime, class of offense, and other penalties, you may have to wait a certain period before applying for an Order of Non-Disclosure. Additionally, not all offenses are eligible for non-disclosure.
Looking For Expunction in Texas?
If you are facing parole violation-related persecution, we may be able to help. Here at Smith & Vinson Law Firm, we have the skills, experience, and determination to help get you a favorable outcome for your case.
We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured our team is here for you. You can reach us at (512) 359-3743 or contact us online today.