I get this question often, so it seemed like a great topic for a blog. If you live in Texas and you've successfully completed deferred adjudication (commonly called probation), you may be eligible for non-disclosure. Non-disclosure is different from expungement. The expungement of a criminal record is the complete removal of your criminal record from all law enforcement agency databases. Non-disclosure is the directive to keep your criminal record private and makes it an offense to release your criminal record to any third-party. Both of these processes result in the same outcome: your criminal record is withheld from the public, and you can then deny it on most employment applications.
You may be wondering: am I eligible for an expungement? To be elgible for expungement, you must meet all of these requirements:
1. You were arrested, prosecuted, and then acquitted or found innocent;
2. You were arrested, convicted, and later pardoned by the governor;
3. Your case was dismissed; your indictment was found to be void or based on false information;
4. You have not been found guilty of any felony for the past 5 years;
5. You did not receive court-ordered supervision; and
6. The statute of limitations for the offense has expired, meaning the time wherein a charge may be brought against you has passed.
For more information about clearing criminal history from your record, please contact us at (713) 574-8626 to schedule an initial consultation with an attorney.