Record Expunction & Petition for Non-Disclosure
Clearing You Record and Restoring Your Good Name
Record Expunction • Petition for Non-DisclosureA criminal arrest may be expunged from your record after a period of time ONLY if:
- The criminal charges are dismissed; OR
- You are found not guilty at trial.
Under either of these conditions, it is possible to erase any trace that you were even pulled over and to conceal the matter from public view so that a criminal record does not hinder your personal life.
What is a "Record Expunction?"
Expunction (also known as expungement), is a District Court order to destroy all records associated with a criminal prosecution. Essentially, it is a lawsuit against the government to provide relief for those falsely accused or found not guilty. If you were not convicted, it's not fair that the information should be later held against you.
If you are found not guilty, or the prosecutor dismissed the charges, an expunction order requires law enforcement agencies, state agencies, and courts to eliminate all records of your arrest, mug shot, fingerprints, blood or breath samples, and any record of the traffic stop. This will restore your good name and clear your criminal history of any mention of this arrest.
Expunction is often misunderstood. Some Texas counties allow - or previously allowed - deferred adjudication for DWI. Many people who completed probation believe they have no criminal record, when in fact those records are on file and accessible to state and federal law enforcement agencies in Texas and beyond. A "deferred" sentence for DWI may still be considered a prior conviction for enhancement of penalties for a new offense of drunk driving.
What is a "Petition for Non-Disclosure?"
A conviction CAN NEVER be expunged. However, if you plead guilty and received a "Deferred Probation" then it may be possible for your deferred adjudication to be sealed from public view.
An order for non-disclosure enables law enforcement to retain records associated with an arrest or conviction, but shields the records from public view. This enables the person to apply for loans, college, jobs, or auto insurance without mentioning the DWI case and its disposition.