Expunctions/Non-Disclosures

An expunction is a court order that effectively erases a criminal conviction from your record, as if it never happened. This means that potential employers, landlords, and educational institutions will not be able to access the expunged conviction. Expunctions are typically only available for certain types of offenses, such as minor misdemeanors or first-time offenses.

A non-disclosure, also known as a conditional order, does not erase your criminal conviction from your record. Instead, it prevents law enforcement agencies from disclosing the conviction to most third parties, such as employers, landlords, and educational institutions. However, law enforcement agencies can still access the record, and certain exceptions apply, such as when law enforcement is conducting background checks for law enforcement-related purposes. Non-disclosures are typically available for a wider range of offenses than expunctions, including felonies.

Whether you are eligible for an expunction or non-disclosure in Texas depends on a variety of factors, including the nature and severity of your criminal offense, your prior criminal record, and the amount of time that has passed since your conviction. Here are some general eligibility criteria for expunctions and non-disclosures in Texas:

Expunctions

• Completion of the court-ordered sentence, including any probation or deferred adjudication
• No subsequent criminal convictions
• A waiting period, which typically ranges from two to five years from the date of conviction or discharge from probation

Non-Disclosures

• Completion of the court-ordered sentence, including any probation or deferred adjudication
• No subsequent criminal convictions
• A waiting period, which typically ranges from one to five years from the date of conviction or discharge from probation

In addition to these general requirements, specific eligibility criteria may apply based on the type of offense and the individual circumstances of the case. For example, expunctions are typically not available for felonies or offenses involving violence or sex crimes.

If you are unsure whether you are eligible for an expunction or non-disclosure, it is important to consult with an experienced criminal defense attorney. They can assess your eligibility, advise you on the most appropriate course of action, and represent you throughout the legal proceedings.

Here are some additional factors that may affect your eligibility:

• The severity of your offense: Expunctions are generally more difficult to obtain for felonies than for misdemeanors.
• Your prior criminal record: If you have a prior criminal record, you may be less likely to be eligible for an expunction or non-disclosure.
• The amount of time that has passed since your conviction: Expunctions and non-disclosures are typically more difficult to obtain for older convictions.

• Class C misdemeanors: These are the least serious type of misdemeanor in Texas, and they can be expunged after a waiting period of 180 days. Examples of Class C misdemeanors include:
• Class B misdemeanors: These are more serious misdemeanors than Class C misdemeanors, and they can be expunged after a waiting period of one year. Examples of Class B misdemeanors include:
• Certain Class A misdemeanors: Some Class A misdemeanors can be expunged after a waiting period of three years. Examples of Class A misdemeanors that can be expunged include:
• Deferred adjudication: This is a type of probation that is granted to first-time offenders who are convicted of certain misdemeanors. If you successfully complete deferred adjudication, your record will be cleared.
• Juvenile offenses: In some cases, juvenile offenses can be expunged.

It is important to note that this is not an exhaustive list, and there are other offenses that may be eligible for expunction. If you are unsure whether your offense can be expunged, it is important to consult with an experienced criminal defense attorney.

Here are some other factors that will determine whether your offense can be expunged:

• The severity of the offense: Expunctions are generally more difficult to obtain for felonies than for misdemeanors.
• Your prior criminal record: If you have a prior criminal record, you may be less likely to be eligible for an expunction.
• How close the arrest is to the date of the petition: If you were arrested for a crime that is eligible for expungement, but the arrest happened less than 180 days before you filed your petition, your case will likely be denied.

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