Expunction

NON-DISCLOSURES

Available after the successful completion of a Deferred Adjudication Probation.  Note:  Some offenses require a 2 year waiting period, and all felony offenses require a 5 year waiting period.  Note – some offenses like Assault Family Violence cannot be non-disclosed.

A Petition for non-disclosure asks the government to seal (or remove from public view) any and all records related to the offense.  Filed in criminal court, and after being heard by the court the judge will rule on the petition.  If the order is granted, the court orders the government to seal any and all records related to the offense.

The effect of this is that, while a person CANNOT legally say they have never been arrested or that the offense never happened, it will not be available to the public should another party run a background check*.  For example, a future employer likely will not see those records.

* It is important to note:  A non-disclosure does not prevent private entities from gathering and maintaining this information and releasing it.  For example, in a theft charge where the person allegedly stole from ABC Co. – that company is not prohibited from disseminating that information.

EXPUNCTIONS

Available if a persons’ case was dismissed, upon acquittal, or if the offense has been pardoned.

A Petition for expunction asks the government to destroy any and all records related to the offense.  Filed in civil court, and after being heard by that court the judge will rule on the petition.  If the order is granted, the court orders the government to destroy any and all records relating to the offense.

The effect of this is that a person can legally deny that the arrest and offense ever happened*.

* With the exception of the Federal Government, and some other instances where disclosure may be required (e.g. where specifically asked on an application for a license or employment have you ever had an expunction).  Also, an expunction may need to be disclosed in IMMIGRATION proceedings as that deals directly with the federal government.