In the State of Texas, there are two different methods of cleaning or sealing one’s record.
The first, and most desired, is an expunction. An expunction does more than seal your records, it completely destroys them. If you receive an expunction there will be no record of the offense. As you will see below, however, expunctions are very difficult to get.
On the other hand, a non-disclosure merely seals your record. If you receive a non-disclosure, your employer will not be able to see the offense, but government agencies and police will. In other words, there are a few legally excepted entities that may still see your record even if a non-disclosure is granted (i.e., school districts, police departments, etc.). Texas Government Code § 411.0765 contains full list of agencies that can still see your record even if the court grants the nondisclosure.
It is very helpful to seal or clean your record, because everyone makes mistakes. The Coffey Firm is here to help you legally put those mistakes behind you.
The specific facts of a case will always be a factor when determining eligibility for either an expunction or nondisclosure. However, both have their own specific eligibility requirements.
Arrest, charge, or conviction on a person’s record due to identity theft by another (actually charged) individual.
A conviction pardoned by the Governor of Texas or the US President.
Non-disclosures are far more common than expunctions because the eligibility requirement are less strict. However, that does not mean that non-disclosures are easy to obtain. Rather, the eligibility requirements, while less strict, are much more complex than those for expunctions. For example, the requirements for non-disclosing a DWI conviction are different than if placed on deferred adjudication for the same offense.
Basic Eligibility for ANY Non-Disclosure
Starting with some good news, the current non-disclosure law is retroactive. That means it applies to ALL offenses regardless of when the offense occurred.
There are three basic requirements to be eligible for a non-disclosure. You are ineligibleif:
You have ever been convicted of or placed on deferred adjudication for a wide range of offenses, including (but not limited to):