Non-Disclosures
In Texas, an Order of Nondisclosure seals certain criminal records, making them inaccessible to the public but still available to law enforcement and certain agencies. Individuals who successfully complete deferred adjudication or community supervision for eligible offenses may qualify, provided they meet specific criteria such as no convictions for other crimes during the deferral period. If granted, the Order of Non-Disclosure seals the record from public view, protecting the individual from having their past criminal records affect future opportunities.
Here are the key details for Nondisclosures in Texas:
Eligibility for Nondisclosure
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Deferred Adjudication: Most nondisclosures are granted to individuals who successfully completed deferred adjudication and meet certain requirements, including not committing other crimes during the waiting period.
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Convictions: Some misdemeanor offenses allow for a Non-Disclosure after completion of a misdemeanor jail sentence.
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Waiting Periods:
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For Class C misdemeanor offenses, the nondisclosure can be requested immediately upon completion of deferred adjudication.
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For more serious misdemeanors, there is a two-year waiting period.
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For certain felonies, the waiting period extends to five years.
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Ineligible Offenses: Family violence offenses, sexual offenses, violent crimes, kidnapping, and murder are not eligible for an order of nondisclosure.
Impact of Nondisclosure
While a nondisclosure does not completely erase the criminal record like an expunction, it limits access to the record, helping individuals pursue employment, housing, and other opportunities without the burden of a criminal past.
For more details, you can refer to Chapter 411 of the Texas Government Code, which governs nondisclosures.
Expunctions
In Texas, expunctions allow individuals to have their criminal records erased. The process involves filing a petition, notifying law enforcement agencies, and attending a court hearing. If granted, all records related to the offense will be destroyed or returned.
The eligibility for expunction depends on the type of crime and the outcome of the criminal case. Here’s a breakdown of the crimes and scenarios that qualify:
Types of Crimes Eligible for Expunction:
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Crimes that resulted in acquittal or a not guilty verdict.
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Criminal charges that were dismissed.
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Criminal cases where the defendant was arrested but never formally charged
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Certain types of juvenile offenses under specific conditions.
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Convictions that were later pardoned by the governor or through a court of criminal appeals.
Impact of an Expunction
The Expunction erases the criminal record completely.
Sources for Expunction Law in Texas:
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Texas Code of Criminal Procedure § 55.01: The primary statute governing the expunction process in Texas.
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Texas Department of Public Safety: Information on record sealing and expunctions.
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Local Tarrant County Resources: Many counties in Texas, including Tarrant County, have specific processes for handling expunctions that can be accessed through their local courts.