FAQs
What is the difference between a Nondisclosure Order and an Expungement under Texas law?
In Texas, both expungement and Nondisclosure Orders are legal processes that relate to the sealing or limiting of access to criminal records, but they serve different purposes and have distinct effects.
Expungement:
Purpose: Expungement, also known as expunction, is a process by which a person's criminal record is essentially erased or destroyed. The goal is to treat the arrest or charge as if it never happened.
Eligibility: Not everyone is eligible for expungement. Generally, individuals who have been acquitted, had their charges dismissed, or were pardoned may be eligible. However, the criteria can vary depending on the circumstances of the case.
Effect: Once an expungement is granted, the records related to the arrest or charge are deleted, and the person can legally deny that the arrest or charge ever occurred. It provides a more complete erasure of the incident from the individual's record.
Nondisclosure Order:
Purpose: A nondisclosure order is a legal process that restricts access to certain criminal records. It doesn't completely erase the records but limits who can view them.
Eligibility: Nondisclosure is generally available for individuals who have successfully completed deferred adjudication for certain offenses. Deferred adjudication is a form of probation where the court defers the final judgment and allows the individual to complete a probationary period.
Effect: While the records are not completely erased, a nondisclosure order prevents most private employers from accessing the criminal record. A nondisclosure order prohibits governmental agencies with access to criminal records from disclosing criminal record information to third parties, including private background check companies.
Key Differences:
Expungement results in the complete removal or destruction of the records, treating the arrest or charge as if it never occurred.
Nondisclosure is a more limited form of relief that restricts access to the records but does not eliminate them entirely.
It's important to note that the eligibility criteria, application procedures, and the specific types of offenses that qualify for expungement or nondisclosure can vary. If you're considering either process, it's advisable to consult with a legal professional who can provide guidance based on the specifics of your case and the current state of the law.
What is your retainer to start work on clearing my criminal record?
Our attorney fees are typically $995 for misdemeanor cases and $1,495 for felony cases. We require a $1,495 retainer for most misdemeanor cases and a $1,995 retainer for most felony cases. The retainer covers attorney fees and court costs. Any balance remaining will be refunded once the case is resolved.
Does it matter if I have previous criminal convictions or was previously placed on deferred adjudication for another offense to be eligible for a Nondisclosure Order?
It varies. For certain cases like DUIs and DWIs, you are only eligible for a Nondisclosure Order if you have just one deferred adjudication or conviction on your record. But for most other offenses, the important thing is whether you were ever on deferred adjudication for a prior serious offense. Also, if you get convicted or put on deferred adjudication for another offense while dealing with this case, or if you get convicted or put on deferred adjudication for another offense during the waiting period, you won't be eligible for a nondisclosure order for this case.
Does Deferred Adjudication count as a conviction under Texas law?
No. However, the original arrest record and deferred adjudication sentence will remain on your criminal record history and will appear on background checks. Obtaining a non-disclosure order will prevent the original arrest record and deferred adjudication sentence from being disclosed to private third-parties, including background check companies. Obtaining a non-disclosure order will clear the offense from any background check.
When can I petition for a Nondisclosure Order?
There are different waiting periods for petitioning the court for a Nondisclosure Order depending on the severity of the criminal offense. The waiting periods begin after completion of deferred adjudication and vary between 180 days and 5 years.
Waiting periods:
180-day waiting period: minor misdemeanor offenses
2-year waiting period: Driving while intoxicated (DWI) / boating while intoxicated; Kidnapping, unlawful restraint, and smuggling of persons; Sexual offenses; Assault offenses; Offenses against the family; Disorderly conduct and related offenses; Public indecency; Weapon offenses; and Organized crime offenses.
5-Year waiting period: Felony offenses
What offenses are ineligible for seeking a Nondisclosure Order?
You are ineligible for an order of nondisclosure if you have ever been previously convicted of or placed on deferred adjudication community supervision for any one of the following (this includes the offense for which the order is requested):
An offense requiring you to register as a sex offender;
Aggravated Kidnapping;
Murder;
Trafficking of Persons;
Injury to a Child, Elderly Individual, or Disabled Individual;
Abandoning or Endangering a Child;
Violation of Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case;
Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case;
Stalking; or
Any other offense involving family violence.
What are other requirements for obtaining a Nondisclosure Order?
You are ineligible for an order of nondisclosure: (1) if you were convicted of or placed on deferred adjudication community supervision for another offense, excluding traffic offenses punishable by fine only, after the court convicted or placed you on deferred adjudication community supervision for the offense for which the order is sought; or (2) if you were convicted of or placed on deferred adjudication community supervision for another offense, excluding traffic offenses punishable by fine only, during the time you were required to wait before filing your petition for an order of nondisclosure.
What Documents Do I Need to File a Petition for an Order of Nondisclosure?
When filing a petition for an Order of Nondisclosure, you must be able to produce the following documents:
Documentation related to the judgment in your criminal case;
Proof that your case was reduced to deferred adjudication period, confinement, or probation;
Proof of completion of deferred adjudication, confinement, or probation;
Proof that the criminal proceedings were dismissed and you were discharged; and
Proof showing that the judge set aside the verdict or the dismissal of a complaint, accusation, or indictment against you.
We will help you gather all the necessary documents to file a petition for an Order of Nondisclosure in Texas.