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.
An expunction is the most desirable way of getting your record clean. At the same time, obtaining an expunction is very difficult and very rare.
If you meet one or more of these criteria you may qualify for an Expunction:
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.
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 ineligible if:
Though each disposition has its own particular requirements when it comes to filing, they all share some basic eligibility requirements:
On top of the basic requirements above, there is one additional eligibility requirement:
The applicable waiting period to petition for a Non-Disclosure is two years after discharge and dismissal, regardless of whether interlock was a requirement.
On top of the basic requirements, there are a couple additional requirements:
There are two applicable waiting periods depending on interlock status:
Similar to the probation requirement, you must fully complete any term of confinement imposed and pay any fines imposed. However, there is one small difference:
There are two applicable waiting periods depending on interlock:
When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.