An expunction is a suit filed in the civil courts that orders the destruction of the records related to your arrest. The suit takes approximately 3 months. Once the expunction is granted it may take another 3-4 months until your record is clear.
Typically, after you have completed a deferred adjudication you can get the case non-disclosed. In order to get a non-disclosure, a petition is filed with the court that placed you on deferred adjudication and then the judge decides whether or not to grant the petition. Common reasons for courts to reject the petition is that there was a mandatory wait period or that the petitioner has picked up a new case since completing the deferred.
Most misdemeanors permit a person to immediately petition for a non-disclosure, while others require a two-year wait. Felonies, however, require a person to go five years after the person is let off deferred before filing a non-disclosure.
Certain types of cases are not eligible for non-disclosure. These include:
- Abandoning or endangering a child
- Aggravated kidnapping
- Aggravated sexual assault
- Burglary of a habitation with intent to comment any of the above offenses
- Capital murder
- Compelling prostitution
- Indecency with a child
- Injury to a child, elderly individual, or disabled individual
- Possession or promotion of child pornography
- Prohibited sexual conduct
- Sexual assault
- Sexual performance by a child
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Violation of protective order or magistrate’s order
- Any other offense involving family violence
If your case resulted in a final conviction then you are not eligible for either an expunction or a non-disclosure.
Contact Paul Doyle today and get your record cleared.
It is important to get your record cleared as soon as possible. Paul will review your criminal records and determine whether or not you may be able to request an Order of Nondisclosure right away or if you may qualify for record sealing or an expunction.