– is a powerful obligation. I enjoy it, take it seriously, and am thankful I get to do the work every day. What are the key differences between expunction and nondisclosure in Texas, and how does a client determine which option is best for their situation? Texas expunctions delete criminal records. Expungement is a powerful legal process where a judge orders all government entities in possession of criminal records to delete those records. This process is inclusive of both arrest and court records. Once an expunction has been successfully effected, the incident is totally gone. The record of the Expungement itself does not even exist. Orders of Nondisclosure seal the records, but don’t delete or remove them. So, Expungement is hands down the best and most effective of the two. Under Texas law, a person can only qualify for one or the other. There is no crime in Texas that can be both expunged and nondisclosed. The key difference between the two is that sealed records remain available to law enforcement forever and can be used against a person in subsequent prosecutions and professional background checks for certain government or quasi-government jobs. Whereas expunged records are deleted and gone forever. What are the common misconceptions people have about expunging or sealing their criminal records in Texas? The most common misconception people have about expunging or sealing criminal records is that it happens automatically. I talk to people every week who are shocked to learn that dismissed charges are not automatically removed after a period of time. Similarly, people with old convictions, typically misdemeanors, often believe these charges “fall off” the record after a certain number of years. Criminal records are permanent in Texas. Even if a person wins a trial, the record is publicly available forever. Expungement is the only way to totally delete records of arrest and prosecution in Texas. 24 LAWYER MONTHLY OCTOBER 2024 Can you explain the eligibility criteria for expunction and record sealing in Texas, particularly for individuals with misdemeanor versus felony charges? Expunction eligibility is primarily determined by the disposition of an individual’s case. For example, misdemeanor and felony charges that resulted in dismissal without probation will generally become eligible for Expungement after the statute of limitations runs. If a person wins a trial, they become instantly eligible for an expunction – though they must proactively petition the court. It’s not automatic. Misdemeanor and felony charges eventually dismissed after Deferred Adjudication are not eligible for expunctions in Texas. Class C misdemeanors are the exception in Texas: individuals who receive a dismissal through Deferred Disposition may petition for an expunction 6 months from the offense date. The criteria for Nondisclosure eligibility in Texas is more complicated. Many criminal offenses are eligible to be sealed after successful completion of Deferred Adjudication, but not all. Texas Nondisclosure eligibility is further restricted by a person’s overall criminal history. Suffice it to say, it’s complicated, and it’s always best to consult an expert. How does the recent legislation in Texas impact the process of clearing a criminal record, especially for non-violent offenders? Recent Texas legislation has unlocked an opportunity for tens of thousands of people with old criminal convictions to seal their records through Orders of Nondisclosure. Known as the Texas
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