Frequently Asked Questions About Expunction And Nondisclosure
Clearing or hiding your criminal record from public view is important when blemishes on your record could continue to haunt you long after your case was resolved. But the process and possibilities are not always straightforward. After reading through the FAQs below, reach out to The Law Office of Kimberly Griffin Tucker, P.C., to learn more about what might be possible in your case.
Can I get my criminal record expunged, deleted or sealed?
It depends on the disposition (or end result) of your case. Ask yourself:
- Were you convicted?
- Were you placed on deferred adjudication probation?
- Were you found not guilty?
- Was your case dismissed? Or was it declined?
If you were convicted, neither the relief from an expunction or nondisclosure is available to you. (Of course, like all things legal, there is always an exception, and that is also true here because some offenses under the Alcohol Beverage Code may be eligible for expunction. You may also expunge a conviction if you receive a full pardon).
If you were placed on deferred adjudication probation, you may be eligible to seal your records with a nondisclosure.
In the last three scenarios, where the disposition was not guilty, case dismissed or declined, an expunction is available to erase your record.
What is an expunction?
An expunction deletes and destroys all records of the arrest.
What is a nondisclosure?
A nondisclosure seals the records from the general public. This relief is generally available to those who successfully completed deferred adjudication probation.
Wasn’t my record automatically cleared when I was found not guilty (or my case was dismissed/declined)?
No. Many people mistakenly believe that arrest records on their criminal history are automatically removed or sealed when they are found not guilty or a case is dismissed or declined. Some even believe that the records are cleared if they’ve successfully completed deferred adjudication probation.
The truth is that an arrest will remain a matter of public record and show up in all sorts of background checks and online database searches. The only way to stop that is to get an order granting expunction or nondisclosure. Please contact The Law Office of Kimberly Griffin Tucker, P.C., if you are interested in cleaning up any unwanted criminal history.
If I have my criminal record sealed with a nondisclosure, is it blocked from everyone? Or can some people still access my criminal history?
The nondisclosure statute provides that some nonlaw enforcement agencies may still have access to your records even if they are sealed by a nondisclosure. These are listed in the statute:
- The State Board for Educator Certification
- A school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement
- The Texas Medical Board
- The Texas School for the Blind and Visually Impaired
- The Board of Law Examiners
- The State Bar of Texas
- A district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
- The Texas School for the Deaf
- The Department of Family and Protective Services
- The Texas Youth Commission
- The Department of Assistive and Rehabilitative Services
- The Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation
- The Texas Private Security Board
- A municipal or volunteer fire department
- The Texas Board of Nursing
- A safe house providing shelter to children in harmful situations
- A public or nonprofit hospital or hospital district
- The Texas Juvenile Probation Commission
- The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner
- The Texas State Board of Public Accountancy
- The Texas Department of Licensing and Regulation
- The Health and Human Services Commission
- The Department of Aging and Disability Services
- The Texas Education Agency
- The Guardianship Certification Board
- A county clerk’s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code
- The Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to the Department of Information Resources or a contractor or subcontractor of the Department of Information Resources
- The Court Reporters Certification Board
- The Texas Department of Insurance
- The Teacher Retirement System of Texas
A sealed criminal record may also appear on federal and state background checks for jobs, permits and especially jobs that require licensing.
Discuss Your Recording-Clearing Options With An Attorney
The Law Office of Kimberly Griffin Tucker, P.C., serves clients in Northeast Texas including the counties of Collin, Dallas and Denton. To schedule an initial consultation with attorney Kimberly Griffin Tucker, call the office at 972-833-8246 or send her an email.