Why get an Expunction?
Your criminal history will contain all offenses for which you have been arrested or charged. The fact that the the case was never filed, the case was dismissed or you were found not guilty at trial is often overlooked by potential employers or others looking into your background.
What is the effect of an Expunction?
An Expunction Order will essentially erase the offense. Copies of the Order are mailed to all entities that have a record of your arrest. These entities are ordered to destroy all records relating to the offense.
You may be eligible for an expunction in one of the following circumstances:
- You were found "not guilty" at trial
- Your case was dismissed or "no-billed" by the Grand Jury and the statute of limitations has run
- Your identity was stolen and an arrested person falsely gave your information
Eligibility for a Petition for Non-Disclosure
At the end of a successfully completed deferred adjudication probation, the Judge signs a No Finding of Guilt Order. That's the good news. The bad news is that the offense will continue to show up on background checks unless you obtain an Order of Non-Disclosure.
Are you eligible?
That depends on the offense and your actions since being placed on deferred probation.
Is there a waiting period?
For elibible felonies there is a 5 YEAR WAITING PERIOD from the date your NFOG Order was entered.
For eligib le misdemeanors there is a 2 YEAR WAITING PERIOD for some offenses and NO WAITING PERIOD for others.
If you think you may be eligible, please call us. During your FREE CONSULTATION, we will analyze your particular case and let you know:
- if you are eligible to file,
- whether there is a waiting period for your offense, and
- whether you have satisfied the waiting period, if any.
Non-Disclosure can be filed immediately:
- Criminal trespass
- Failure to ID
- Gambling
- Evading arrest
- Public Intoxication
- Burglary of a coin operated machine
- Obscenity
- Resisting arrest
- Possession of marijuana
- Misdemeanor theft
Crimes that require a 2 year waiting period:
- Public lewdness/indecent exposure
- Asault (non-family violence)
- Deadly conduct (no firearm)
- Terroristic threat (misdemeanor)
- Bigamy
- Disorderly conduct
- Obstruction of a highway
- Interference with a 911 call
- Dog fighting
- Unlawfully carrying a weapon
Crimes that are NEVER ELIGIBLE for a Non-Disclosure:
- Any offense requiring sex offender registration
- Aggravated kidnapping
- Murder
- Capital murder
- Injury to a child/elderly or disabled person
- Endangering or abandoning a child
- Violation of a protective order
- Stalking
- Any case involving a finding of family violence
All other felonies have a 5 year waiting period.
You must have had no offenses during the waiting period except Transportation Code offenses that are punished by fine only (speeding, etc.)!
80+ years - Texas board of Legal Specialization - Criminal, Juvenile, Family Law Cases and Probate matters.
Board Certified by the Texas Board of Legal Specialization - Criminal Law *
