Blog Topic

Expunction vs. Non-disclosure (sealing)
Posted by: Nicole DeBorde
May 27, 2009

I get several calls a week asking to have criminal records erased, sealed, cleaned, cleared or expunged. Most folks are not sure whether they want a non-disclosure (also called sealing) or an expunction. Unfortunately, very few people can actually get a record expunged or erased. A criminal arrest record can only be expunged if the case in question was dismissed or if the person arrested was found "not guilty" in either a court trial or a jury trial. If a case resulted in probation, time served, a fine only or a jail or prison sentence, the case cannot be expunged under the current law. If a misdemeanor case was dismissed, it can be expunged after the statute of limitations has run or expired. Felonies can be expunged as well depending on whether an indictment was issued and also whether the statute of limitations has run. There can also be other circumstances where a dismissed felony can be expunged, but not all dismissed felonies can be expunged. Acquittals can almost always be expunged as well.

A petition for nondisclosure can be filed after a person has successfully completed a deferred adjudication in many cases. There are some deferred adjudications that can never be sealed. For the cases that can be sealed, there are different timelines for some misdemeanors. Some misdemeanors can be eligible for sealing or nondisclosure immediately upon completion of deferred; and some misdemeanors do not become eligible for two years after completion. A person who has completed a felony deferred must wait for five years before seeking a nondisclosure. The granting of an order of nondisclosure is discretionary with the judge. The petition for nondisclosure is heard in the court where the case was on deferred adjudication.

If you are eligible for expunction, this is always the best route. Expunction totally erases the arrest from a person's record. A sealing only "seals" the record, and the record is still visible to law enforcement and a variety of other enumerated agencies.

A person eligible to have a record sealed or expunged should seriously consider this a priority. Clearing arrest information from a record can take months. Who knows when a job opportunity or other reason for a background check will arise!

Contact a Houston Expunction Attorney.

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