In Texas, records of some crimes can be expunged, which means that the record is sealed or erased in the eyes of the law. Records of other crimes that are not eligible for expungement may be eligible for orders of non-disclosure. This process is similar to expungement; the state will only be able to disclose information about the criminal record to other law enforcement, licensing agencies or other governmental entities for specific purposes.
Records That Can Be Sealed
Not all criminal records are eligible for orders of non-disclosure. If you meet the following criteria, you may be able to obtain an order of non-disclosure:
- You entered a plea of guilty or no contest.
- The judge deferred further proceedings against you and placed you on community supervision (probation) without a finding of guilt.
- You successfully completed and have been discharged from community supervision.
- The case against you has been dismissed.
- You meet the waiting period after completing your sentence.
The waiting period for orders of non-disclosure depend on the crime involved:
- No Waiting Period (Misdemeanors): Prostitution, Possession of Marijuana, Theft, Criminal Mischief, Criminal Trespass, Bad Checks
- Two Year Waiting Period (Misdemeanors): Public Lewdness, Indecent Exposure, Assault, Disorderly Conduct, Unlawful Carrying of a Weapon
- Five Year Waiting Period (Felonies): Possession of a Controlled Substance, Theft, Forgery, Burglary of a Habitation, Fraud
If you meet the above criteria, contact the Law Office of Chad West today to discuss the possibility of obtaining an order of non-disclosure.