EXPUNCTION OF CRIMINAL RECORDS

Who is it for

A person who has been arrested for either a Felony or a Misdemeanor can have their record expunged if the individual took the case to trial and was acquitted (found not guilty) for the offense they were arrested for.

Expunction Compared to Non-Disclosure

An Expunction of a Criminal Record is different from the Non-Disclosure of a Criminal Record. If you pled guilty to an offense and you were placed on Deferred Adjudication and successfully completed it and the offense qualifies for Non-Disclosure, the record could be sealed. In contrast, if you tried your case to either a Jury or the Judge and you won (not guilty) or your case was dismissed by the State (Prosecutor) or No Billed by the Grand Jury, your case may fit the criteria for expunction.

Effect of Expunction contrasted with Non-Disclosure of the Criminal Record

The release, maintenance, dissemination or use of the expunged records and files is prohibited. A person who has had their record expunged may deny the occurrence of the arrest and the existence of the expunction order.

A person whose record was sealed (non-disclosure) is not required to disclose their criminal record history in an application for employment. However, a criminal justice agency may disclose criminal history to certain designated state entities such as: (example) State Board for Educator Certification; State Medical Examiners; Board of Nurses; a School Board District including charter and private schools; public or non-profit Hospital Districts; and other State agencies or licensing authorities.

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