Expunction vs. Non-Disclosure
True or False?
I am a true believer that mistakes do not make us, however, they do teach us, they allow us to grow, and they force realization upon us. A mistake is only a blip in this long life we all expect to live, but sometimes we are judged and condemned for our error. I hear clients say things like,
"I got a DWI, and it stays on my record forever." – False
"I feel okay knowing that my criminal charge will fall off after 10 years." – False
"I have a misdemeanor conviction, and my friend told me my criminal record will never go away." - False
There’s Good News!
Most of the legal advice you receive from your friends or that guy you met in jail is incorrect. In most cases, there are ways to make that mistake you made go away completely, or at least restrict anyone from ever seeing it. The two procedures for dealing with your criminal record are expunctions and non-disclosures.
What is an expunction?
An expunction erases your record completely. A non-disclosure does not erase your record; however, it restricts law enforcement, the FBI, and other government agencies from releasing your criminal record and/or arrest except in very limited circumstances.
Who qualifies for an expunction?
To qualify for an expunction, you must meet one of the following criteria:
You were acquitted of the charge (meaning found "not guilty").
You were pardoned.
The charge was dismissed and the waiting period has elapsed, or you successfully completed a pretrial intervention program.
If your situation does not fit into one of those limited scenarios, you move on to a non-disclosure analysis.
What is a non-disclosure?
Non-disclosure hides certain offenses from public disclosure, but they are still visible to criminal justice agencies, licensing agencies, and certain government entities.You can receive an order of non-disclosure in various ways for various crimes. If you received a deferred adjudication for most misdemeanors or felonies, you can request a non-disclosure. A non-disclosure is even available on a misdemeanor conviction. However, a felony conviction will prevent you from moving forward with this remedy.
To qualify, there are some caveats to these rules:
You must not have a disqualifying criminal history.
You must not have any new convictions or deferred adjudication offenses (except Class C traffic offenses) between the time you were originally placed on probation or convicted and the time you file for your non-disclosure.
Most deferred adjudication dispositions (felonies and misdemeanors) are available to be non-disclosed. Further, most misdemeanor convictions are available for non-disclosure. Felony convictions are not eligible for a non-disclosure or expunction (unless you receive a pardon). These rules and procedures were enacted to allow us and everyone else to forget the mistake, but we will always remember the lesson.
**There are several other rules and restrictions that go along with each remedy, but for the sake of simplicity, I have generalized these rules.
