Both Expunction and Nondisclosure are methods used to clean up adult criminal history records. A bad record affect job applications, professional licenses, and credit scores. In Texas, expunction can permanently remove entries from an adult criminal history record, but it is very limited. Nondisclosure just keeps certain offenses from public disclosure, but they are still visible to criminal justice agencies, licensing agencies and certain government entitles. Your eligibility depends on the type of offense and type of community supervision (probation). Texas has two types of probation: deferred adjudication probation and regular probation. Offenses ending in conviction or regular probation are not eligible for expunction or nondisclosure.
Will a deferred adjudication stay on my record?
Yes. At the end of deferred adjudication, the court will dismiss the charges without a conviction. However, the offense and sentence of deferred adjudication stays on your record and can show up in public and private background searches. Expunction In Texas, expunction applies to: Class C misdemeanors resulting in deferred adjudication or Offenses not resulting in conviction regardless of level, where charges were not filed, charges were dismissed, or the person was acquitted or pardoned. Even if there were no charges, there is a minimum waiting period before filing an application for expunction: Class C misdemeanors: 180 days Class A and B misdemeanors: 1 year Felonies: 3 yearsIf charges were brought, the statute of limitations must expire for every crime for which you were arrested (not just those you were charged with).
Two Types of Nondisclosure
There are two types of nondisclosure in Texas: Automatic nondisclosure for first-time misdemeanors: Automatic nondisclosure applies only to 1) first-time misdemeanors (other than traffic fines) regardless of level, 2) occurring after September 1, 2015, 3) that resulted in deferred adjudication ending in discharge or dismissal. If you meet all legal requirements at the end of the period of deferred, the judge must order nondisclosure. You don’t have to file anything and there is no waiting period. Nondisclosure with petition: A petition is required for all eligible offenses and for misdemeanors that don’t qualify for an automatic order. The minimum waiting period for filing runs from the date of dismissal or discharge. Misdemeanors under Texas Penal Code Chapters 20, 21, 22, 25, 42, or 46: 2 years Felonies: 5 years everything else: No waiting period.
