One of the most common questions an attorney gets from a client is "Will this end up on my record?"Nowadays, it's important to keep your record as squeaky clean as possible because any potential employer can do a simple google search and find criminal history information about a candidate. One of the best ways to put you in the best light possible if you have a criminal case in the past, is to contact an attorney to see if you qualify for an expunction.
What is an expunction in Texas?
An expunction is a legal process to remove a criminal charge from a person's record and to seal or destroy the state's record of the arrest or charge.
Do I qualify for an expunction?
The short answer is-- it depends.
In Texas, your eligibility for an expunction depends partly on the offense you've been charged with. If you're charged with only a Class C misdemeanor, you may be eligible to get the entire case expunged immediately depending on the final result of the case.
If you're charged with a Class A or B misdemeanor, you may still be eligible depending on how much time has elapsed from the date of arrest and what the final result of the case was. Even if you're charged with a felony, you may still be eligible for an expunction depending on the facts of the case.
What is the difference between an expunction and an order of non-disclosure?
While an expunction permanently erases the offense from your past so that no individual will ever know, an order of non-disclosure prevents the clerk of the court from disclosing the case information to most people, more importantly--background checks.
How do I get started?
The best thing you can do to see if you qualify for either of these is seek the advise of an attorney who can guide you through this process. You don't want to waste your money on an attorney on an expunction if a judge is unlikely to grant it. So make sure the attorney you contact is experienced and wiling to speak about their credentials.