Why Expunction or a Petition of Non-disclosure?
It doesn’t matter whether you were arrested and never formally charged or if you went to trial and were found not guilty, or even if you had your case dismissed. The arrest records and the court records are a part of the public record until they either ordered sealed or legally expunged.
Texas law allows you to clear an adult criminal record in certain circumstances. In fact, if you expunge your record or are granted a non-disclosure petition, it may be possible for you to DENY that you were ever arrested or prosecuted on any employment, mortgage, or college application.
What is an Order of Non-Disclosure?
Aside from expunction, the other way to clear a non-juvenile criminal record in the state of Texas is to file a petition for non-disclosure. This option is available to you if you have completed deferred adjudication probation. This petition, if granted will cause your offense record to be sealed. The record does not automatically become sealed upon completion of deferred adjudication. A petition of non-disclosure must be filed in order to seal your record.
Having a petition for non-disclosure granted inhibits criminal justice agencies from disclosing information about the offense. In addition, like expunction, you may DENY that you were ever arrested, unless you are involved in a criminal prosecution.
Non-disclosure orders do not apply in some situations. By law, certain government agencies will have access to information about the offense. In addition, certain state boards like the State Bar Association and the Texas Medical Board will be able to access criminal information that has been sealed. Finally, if you are attempting to adopt a child, a non-disclosure order will not apply.