Expunge or Non Disclose; What’s the Difference?

by Ricardo Barrera

In Texas, people sometimes confuse the law on whether they qualify to expunge an arrest record and record of prosecution.  Some people will request an expunction, although they pleaded guilty. If you pleaded guilty, most likely, you do not qualify for an expunction. Pre Trial Diversion Program completions may qualify, depending on what their Pre Trial Diversion Contract says. Also, depending on the method of dismissal, a waiting period may apply to expunge your criminal case as well.  Another important distinction is whether you received a deferred ajudication when you case was dismissed. If you did, and your offense is a Class B Misdemeanor or higher, than you likely do not qualify for an expunction and you would instead have to get an Order of Non Disclosure.

What’s the difference between the two?

The difference is an expunction is an order to destroy all records of arrest and prosecution and a non disclosure basically orders Texas DPS and other governmental agencies to not disclose the record of arrest and prosecution to certain private entities only.

 

For more information, please schedule a free consultation with Attorney Ricardo A. Barrera at (956) 428 2822.

 

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