Expunctions

THINGS YOU SHOULD KNOW ABOUT EXPUNCTIONS AND ORDER OF NONDISCLOSURES

There is sometimes a waiting period for getting an expunction, although there is a big exception to this rule. According to Texas Law, to be eligible for an expunction you must usually apply after the statue of limitation for filing a case has expired. For example, the statue of limitations period for filing a misdemeanor case is 2 years. If you are charged with a misdemeanor, and your case is dismissed, you must usually wait until 2 years has passed from the date of your arrest to apply for an expunction. However, there is a big exception to the waiting period. If the prosecutor's office that handled your case agrees to waive the waiting period, you can apply as soon as your case is dismissed. Some prosecutors will agree to waive the waiting period.

  1. Just because your case is dismissed, doesn't mean you have no criminal record. Many people mistakenly believe that if they are acquitted, their case is dismissed, or if they complete what is called "deferred adjudication", that they have no criminal record. This is not NOT the case. When a person is arrested, the state creates a criminal record that is not automatically erased if the person's is later dismissed.
  2. Private persons and employers can find your criminal arrest record. A criminal arrest record is public and can be discovered by anyone, including employers. Unfortunately, more and more employers are conducting complete criminal background checks on potential employees and using a record of arrest or deferred adjudication as a reason to deny employment.
  3. You should get an expunction of your arrest record if your case was dismissed. An expunction is an order from a court to law enforcement agencies telling them to erase any records of a person's arrest and case. A person may be eligible for an expunction if person's case was dismissed, never filed, or the person was found "not guilty" at a trial.
  4. You should get an an order of nondisclosure if you successfully completed deferred adjudication probation. An order of nondisclosure is an order for people who have successfully completed a deferred adjudication probation. The order tells law enforcement to seal any record of the person's case from private parties such as employers performing background checks.
  5. If you have been on any type of supervised probation, including deferred adjudication, you are not eligible for an expunction. Even if your case is dismissed after a deferred adjudication, you cannot go back and get your arrest record expunction. You should take this fact into consideration before ever accepting an offer of deferred adjudication. You may, however, qualify for an order of nondisclosure.
  6. An order of nondisclosure does not seal your record of deferred adjudication from government or law enforcement. While an order of nondisclosure is a good way to seal a record of deferred adjudication from private persons and employers, any government agency, such as a school or a licensing agency, will still have access to the record of the deferred adjudication. Again, another good reason to think carefully before accepting deferred adjudication.
  7. There is no time limit for getting an expunction or an order of nondisclosure. The farthest back that our office has gone to expunge a criminal arrest record is approximately 40 years, although most people don't want to wait that long.
  8. There is a waiting period for getting an expunction. According to Texas law, to be eligible for an expunction, you must apply for after the statute of limitations for filing a case a expired. For example, the statute of limitations period for filing a misdemeanor case is 2 years. If you are charged with a misdemeanor, and your case is dismissed, you must still wait until 2 years from the date of your arrest to apply for an expunction, unless the prosecutor's office handling the case waives the waiting period.
  9. Don't wait until the last minute to apply for an expunction or order of nondisclosure. Once an application is filed in court, it may take a few months before a court finally grants an order. Our office receives several calls a year from people who say they need an expunction or order of nondisclosure because they have a job interview in the next few days. It's just impossible to get an expunction or nondisclosure that fast. Plan ahead.
  10. You must apply for an expunction or order of nondisclosure in the county where the offense took place. A request for an expunction must be filed in district court in a county where the offense took place. A request for an order of nondisclosure must be filed in the same court that granted the deferred adjudication.