Who is eligible for an expunction? Cases that resulted in dismissals, declines, or “not guilty” verdicts. Class C deferred dispositions are also expunction eligible.
How do I know if I am eligible? If you think your criminal record contains past allegations that are suitable for expunction, call us and we can asses your situation.
How long does this process take? The expunction process usually takes a few months from start to finish, which means the system is not very responsive to individuals needing a quick fix or cleanup of their arrest record. However, the effect of a properly completed expunction is well worth the wait.
What is the end result? Following entry of an expunction order, the release, dissemination, or use of the expunged records and files for any purpose is prohibited. The petitioner may deny the occurrence of the arrest and the existence of the expunction order.
However, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, the petitioner is permitted to state only that the matter in question has been expunged.
Violation of expunction order A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the records and files relating to that arrest is guilty of an offense if he knowingly releases or uses the records or files. Further, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor.
What is a petition for nondisclosure? Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to refrain from disclosing to any third party any criminal records associated with an arrest, prosecution and deferred probation. A successful petitioner can legally deny the existence of his arrest, charge and deferred probation. The order requires that any third party who buys criminal history information from Texas remove that information from their databases. If these third party vendors do not do so in accordance with the court’s order, they would be subject to civil penalties. Therefore, website such as PublicData.com would be required by law to remove criminal history information subject to the court’s nondisclosure order or face civil penalties. What if my record is obtained by someone after my order of Nondisclosure? If someone gets a copy of your record after your order of Non Disclosure has been filed you should contact your lawyer. You may be able to sue the person for intentionaly gaining access to a record that has been ordered nondisclosed.
Any adverse decision or action with respect that person's "Non Disclosed" putative public record of criminal proceedings (apart from traffic offenses) may subject the person or entity taking such action to potential legal liability under any applicable state and federal laws.