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Some states use the term expunction and others use expungement, Texas is one of the former, but they essentially mean the same thing. However, nondisclosure, which is an option in Texas, works a little differently. What’s the difference between expunction and nondisclosure in Texas? At Krause Law, we defend the 210 right here in San Antonio Texas, and we can clear up some of this confusion for you.
What is Expunction in Texas?
Much like expungement in other states, expunction is a permanent removal of entries from your adult criminal record. After expunction, you are no longer required to mention these entries anywhere including job applications.
Expunction isn’t an option for everything, but it is applicable for Class C misdemeanors that result in deferred adjudication. It’s also available for offenses that resulted in no conviction, no charges, dismissed charges, or the individual was pardoned or acquitted.
Even in those cases though, there is a minimum waiting period for expunction. It’s 180 days for a Class C misdemeanor, 1 year for other misdemeanors, and 3 years for felonies. However, if charges were brought, you still have to wait for the statute of limitations to expire on every crime that you were arrested for.
Read More: Breaking Down Burglary – Statute Explanation
How is Nondisclosure Different in Texas?
Nondisclosure is pretty close to expunction. With nondisclosure, you are not required to disclose the entries anywhere including job applications. What’s different is that the entry does stay visible on your record to law enforcement and government agencies.
In Texas, nondisclosure is automatic for first-time misdemeanors outside of traffic fines after six months. Though automatic is in the name, you often still have to file for nondisclosure to get the courts to recognize the automatic nondisclosure.
For all other offenses, you have to petition for nondisclosure. There is a 5-year waiting period for felonies and a 2-year waiting period for serious misdemeanors to apply for nondisclosure.
You cannot petition for nondisclosure if you have ever been convicted or placed on deferred adjudication for murder, human trafficking, injury to a child, injury to an elderly individual, injury to a disabled individual, abandoning or endangering a child, aggravated kidnapping, stalking, anything that would require registration as a sex offender, offenses involving family violence and violations of certain court orders or conditions of bond.
Expunction Attorney in San Antonio TX
Krause Law is here to help with the experience that you want on your side. Whether you are seeking expunction, nondisclosure, or need assistance with an ongoing criminal case, our team is ready to be in your corner. We encourage you to contact us. There is no substitute for a good lawyer.
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