Dallas Expungement Lawyer
Expungement vs Non-Disclosure
When you have an arrest or conviction on your record, there are numerous options to consider when trying to “clear your name”. Two similar but distinct options to be considered are “expungement” and “non-disclosure”. It is important to note what types of offenses and situations qualify for which method.
An expungement is when the record of an arrest or offense is completely removed from someone’s record. Background checks, employment admissions, and criminal record searches will show no mention of the arrest or offense.
An expungement even allows you to deny under oath that an arrest or offense occurred, and you can even deny the expungement itself. An expungement is valid for arrests which did not lead to a conviction or plea of guilty. Additionally, any Class C Misdemeanor that led to deferred adjudication can be expunged as well.
For any offense higher than a Class C Misdemeanor, an expungement cannot be requested; however, it may still be eligible for non-disclosure. Non-disclosure can occur when an offender who has committed something higher than a Class C misdemeanor receives an offer of deferred adjudication and completes it without incident.
In this case, non-disclosure can be granted and law enforcement agencies cannot release the records of the arrest and criminal proceedings. Private companies that gather background information also cannot access these records. However, these records are still available to law enforcement and various state agencies, and you cannot deny the incident under oath.
Although some misdemeanors are eligible for non-disclosure immediately after the deferred adjudication period ends, certain misdemeanors require a two-year waiting period, and felonies require a five-year waiting period.
If you would like to learn more about clearing your record through expungement, contact Dallas expungement lawyer Mark T. Lassiter at 214-651-1121.