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Record Expunction / Non-Disclosure

No doubt about it, having a criminal record doesn't help you in life. In some instances, there are ways to clear your record or seal it so potential employers and others in the public cannot see it. These are called Expunctions and Non-Disclosure Orders.

Expunction: An expunction is a court order to law enforcement agencies to purge any and all records they have of a case. This includes police departments, sheriff's offices, DA's offices, DPS and the FBI. An expunction is available if you were acquitted by a trial court (found not guilty), pardoned by the Governor and in other limited circumstances.

Non-Disclosure Orders: This order is available in certain cases if you were placed on deferred adjudication for an offence, you successfully lived out your deferred adjudication and the case was dismissed.

For felony cases, you must wait 5 years from the date the case was dismissed before you can file a petition for non-disclosure.

For the following misdemeanor cases you must wait 2 years from the date the case was dismissed to file a petition for non-disclosure:

Abuse of corpse
Advertising for placement of child
Aiding suicide
Cruelty to animals
Deadly conduct
Destruction of flag
Discharge of firearm
Disorderly conduct
Disrupting meeting or procession
Dog fighting
False alarm or report
Harboring runaway child
Hoax bombs
Indecent exposure
Interference with emergency telephone call
Leaving a child in a vehicle
Making a firearm accessible to a child.
Obstructing highway or other passageway
Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
Public lewdness
Silent or abusive calls to 911 service
Terroristic threat
Unlawful carrying of handgun by license holder
Unlawful carrying weapons
Unlawful possession of firearm
Unlawful restraint
Unlawful transfer of certain weapons
Violation of protective order preventing offense caused by bias or prejudice

For all other misdemeanors you can file a petition for non disclosure as soon as the case is dismissed.

If you have ever been convicted of any of the following offenses, you are not eligible for a non-disclosure order on any case:

Indecency with a child
Sexual assault
Aggravated sexual assault
Prohibited sexual conduct (incest)
Aggravated kidnapping
Burglary of a habitation with intent to commit any of the above offenses
Compelling prostitution
Sexual performance by a child
Possession or promotion of child pornography
Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
Attempt, conspiracy, or solicitation to commit any of the above offenses
Capital murder
Injury to a child, elderly individual, or disabled individual
Abandoning or endangering a child
Violation of protective order or magistrate's order
Any other offense involving family violence

If you get convicted of or put on deferred adjudication for a new case after your case was dismissed, you are not eligible for a non-disclosure order.