Expungement vs. Orders of Non-Disclosure in Texas

Nov 16, 2021
Criminal Law

Understanding Your Options: Expungement and Non-Disclosure

Welcome to James D Jones, your trusted source for legal assistance in Conroe, Texas. If you are facing a criminal record, it is essential to understand the two primary options available to clear or limit the visibility of your past charges – expungement and orders of non-disclosure. In this comprehensive guide, we will explore the differences between these two alternatives, helping you make an informed decision moving forward.

What is Expungement?

Expungement refers to the complete erasure of an individual's criminal record. When a record is expunged, it is as if the arrest or conviction never occurred. This legal process seals the records, making them inaccessible to the general public, employers, or other entities conducting background checks.

Expungement might be beneficial if you want to rid yourself of the burden and stigma associated with a criminal record. It allows you to legally state that no arrest or conviction ever took place.

Eligibility for Expungement

Expungement eligibility in Texas varies depending on the type of offense. Generally, you may be eligible for expungement if:

  • You were acquitted of the charges
  • Your case resulted in a dismissal or a finding of "not guilty"
  • You completed a pretrial diversion program
  • Your case was a juvenile record that qualifies for expunction
  • You were a victim of identity theft and someone used your name in a criminal activity

It is crucial to consult an experienced attorney to determine your eligibility for expungement and navigate the legal process successfully.

Orders of Non-Disclosure Explained

While expungement offers a complete erasure of your criminal record, an order of non-disclosure limits who can access and view your past charges. It essentially seals your record from public disclosure in specific scenarios, allowing you to legally deny the existence of the offense in certain contexts.

With an order of non-disclosure, your criminal record remains visible to specific entities such as law enforcement or government agencies but becomes hidden from public scrutiny.

Eligibility for an Order of Non-Disclosure

To be eligible for an order of non-disclosure in Texas, you must meet certain criteria, including:

  • Completing a deferred adjudication probation successfully
  • Adhering to all the terms and conditions of your probation
  • Waiting for the specified waiting period, usually a minimum of two years depending on the offense
  • Not having any subsequent criminal convictions

An order of non-disclosure can provide significant benefits by limiting who can access your criminal record. However, it's important to note that it does not completely erase the offense from your record like an expungement does.

Seek Legal Guidance with James D Jones

If you are unsure which option is right for your specific situation, don't worry. James D Jones is here to help. As a leading attorney specializing in criminal law in Conroe, Texas, Mr. Jones has extensive experience in expungement and non-disclosure proceedings.

Contact us today to schedule a consultation and take the first step towards a clean record. Our dedicated legal team will guide you through the process, answer your questions, and provide the professional advice you need to make an informed decision.

At James D Jones, we believe that everyone deserves a fresh start. Let us help you clear the way for a brighter future.