Expunction & Non-Disclosure
“Expunction” is the term used to describe the process of getting your arrest erased off your criminal record. Not all cases qualify for expunction. Generally speaking, your case must have been “DISMISSED,” or you have to have been “ACQUITED,” or received a “PARDON” in order to qualify for an expunction. If you got your case dismissed, the arrest will continue to show up on your criminal record until you take the additional step necessary to get it expunged. The expunction process is completely separate from the criminal court process and requires a petition to be filed in a civil court rather than a criminal court. Expunctions can be complicated in that you have to know if you actually qualify, how to ask for it, where to file it, and who all you have to ask to erase the actual reference of the arrest. Soyars Law Offices, P.C. routinely handles expunctions. CALL US TODAY TO DISCUSS WHAT WE CAN DO TO HELP GET YOUR ARREST ERASED OFF YOUR CRIMINAL RECORD.
Deferred Adjudication Dismissals
Most citizens would be surprised to learn that even once they successfully complete their deferred adjudication that the arrest and reference to the offense continue to show up on their criminal record. Deferred Adjudication dismissals will not be eligible for expunction unless the underlying offense was actually a Class C misdemeanor. SO BEWARE! Before you enter into a deferred adjudication plea agreement, make sure you are okay with always having the offense show up on your criminal record as “Dismissed” through deferred adjudication.
Class C Deferred Adjudication Dismissals
Deferred Adjudication dismissals on a class C misdemeanor, however, are an exception to the general rule. If you successfully complete a class C deferred, you may apply for an expunction by filing a civil petition seeking that relief.
Pretrial Intervention Program
Successful completion of Pretrial Intervention Program is also a recognized exception to the general rule, permitting you to apply for an expunction in most instances as well.
Domestic Violence Offenses
If you were arrested for a domestic violence offense and you receive deferred adjudication and successfully complete it, you may be eligible to apply for a Non-Disclosure, however, you are not eligible for an expunction. To find out more about Non-Disclosure read below.
If you have successfully completed a Deferred Adjudication, you can apply for Non-Disclosure. Non-Disclosure is not as good as an Expunction, but it may help you obtain employment in the private sector if the employer does not qualify for any of the exceptions that would permit that employer to petition the government for access to that information. Some of these exceptions include employers that work with children, elderly, security, medical, etc. Also, if you are attempting to obtain a license through the State of Texas to practice your trade or profession, the licensing board will have access to your criminal record and this may prevent you from obtaining the license that permits you to practice your trade or profession.