What Is The Difference Between A Record Expunction And A Nondisclosure In Texas?
In Texas, an expunction in a general criminal offense is a complete purging of the actual arrest. The history of the arrest is made almost immediately, and it’s sent to DPS, which is generally the main entity that compiles criminal history information. The arrest shows up whether it’s a speeding ticket or a murder charge. Now, depending on the disposition of the case, if a person is ultimately convicted, there are certain parameters in which someone can still get a nondisclosure. But, let’s say that they get dismissed or acquitted at trial, or no charges were filed, then they can get an expunction, so that would purge the arrest.
That is always the goal in any case that we handle. If you get arrested, put yourself in a position where there’s a dismissal or an acquittal, then it would purge that arrest that was accumulated when you were first arrested. Without actually going through that civil filing, that arrest is going to stay there, but it wouldn’t show that you were convicted, nor should it. But a lot of employers and schools don’t know the difference.
Sealing of a record and nondisclosure is the same thing. Sealing of a record basically seals a record through the means of filing a nondisclosure. The nondisclosure is very similar to expunctions. It is different in the sense that it’s done after someone has completed a deferred adjudication or some other type of situation, with the exception of the DWI where a conviction didn’t occur. Also. There are about 81 different entities that can keep a record of it. They’re almost all government entities, but it’s sealed from public view. Therefore, if you want to get a job in the public sector, want to rent a house, or buy a house, they wouldn’t be able to see that arrest that was accumulated from the beginning.
With a DWI case, you can get it sealed through an order of nondisclosure even if you are convicted, provided certain factors exist. But the only difference with DWI and all the other cases, it can be enhanced if you get arrested again, even if you get it sealed through a nondisclosure. Thus, sealing of a record is the same as a nondisclosure. You get your records sealed through a nondisclosure.
Does The Nondisclosure Include Only First Time DWI Convictions?
With regards to DWI, nondisclosures only include first time DWI convictions. Certain factors do have to exist to get your DWI arrest and the conviction sealed. One factor would be that it can only be a first-time offense. Also, it cannot be a .15 or higher, or an accident cannot have resulted from a DWI. Those are the factors that have to exist. With any nondisclosure, to get an order bound disclosure or to seal your records, it’s subjective in nature. It’s discretionary and up to the judge. For other types of charges, it would preclude you if you have prior criminal history. But not always because it’s up to the judge. It’s what’s called in the best interests that the judge places in the best interests to society to seal the records. They get to order it regardless, even if the D.A. objects.
What Is The Process To Apply For A Nondisclosure In Texas?
In Texas, the process to apply is the same for an expunction and a nondisclosure. The first thing we always do is run the criminal history. We make sure that someone’s eligible. We also determine what entities should be listed in the petition that’s filed because an exposure or nondisclosure are civil, and therefore need to be filed in a civil court. The petition, the order, and the paperwork have to be completely correct. Consequently, if it’s done wrong, it can forever bar someone from ever filing it again. In other words, if it’s denied, if a judge denies the order, one can never file it again. It is advised that if you file it, and it possibly will get denied, you should have a motion for a nonsuit for a judge to sign. They don’t really know the difference. What that does is make it so that someone could possibly file again, rather than be precluded forever.
But the first step is filing the petition, and then, within that petition list the relevant entities that will get notice of it. Once the order is assigned, which is really important, the paperwork and what’s contained in it has to be very precise.
For more information on Expunction Vs. Non-Disclosure Of Records, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (469) 900-0000 today.
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