To be eligible for an expunction a person, generally, must have had their case dismissed after arrest, received an acquittal, or been pardoned. Obtaining an expunction order requires persons or agencies listed in the order to destroy the records regarding a particular person and case.
In some cases a prosecutor for the state may, and is able to, recommend an expunction prior to trial which enables a person, after resolution of a case, to later have the case expunged. This only happens in very specific circumstance but is a significant bargaining chip and can help resolve a case that may otherwise prove difficult to be resolved.
Nondisclosures, depending on the case, may be petitioned for after deferred adjudication probation is over. Depending on the type of case there may be waiting period which is longer for felonies than it is for misdemeanors. Some cases that receive deferred adjudication, like family violence offenses, are not eligible for non-disclosures. Just recently the Texas legislature made some types of DWI cases are eligible for nondisclosure.
The function of a nondisclosure is to seal a person’s record from anyone who is not law enforcement. This means that private persons, companies, and others who may otherwise be able access public records are not able to see a records subject to a nondisclosure order.
To talk more about whether an expunction or nondisclosure is right for you contact us today.