Legal Question in Criminal Law in Texas

If you received a deferred adjudication probation for an offense and you served it out, then you can petition the court in which the case was prosecuted for nondisclosure. Some offenses are exempted such as sexual assaults and family violence cases. If it was a misdemeanor, then most offenses are eligible upon completion. If it was a felony, then you must wait 5 years after completion of the probation. These times are for eligibility; they do not ensure that your record will be sealed - that is up to the individual judge (and why you should hire a lawyer to represent you.)

If you have a case that was dismissed or nobilled by the grand jury then you would file a civil lawsuit for expunction. This is a complicated matter and should be handled by a lawyer.

Expungement vs. Petition for Non-Disclosure:

An expungement is the removal of any and all records or references to a criminal arrest, charge or prosecution.You can only get an expungement in Texas if your case was dismissed, you were found not guilty, or an indictment was not executed. Also,The statute of limitations has to have run.

A petition for non-disclosure seals the criminal arrest, charge or prosecution from the public, but it is still accessible to law enforcement agencies and certain licensing agencies. You are eligible for a petition for non-disclosure if you received deferred adjudication probation and successfully completed it. The statute of limitations has to have run. If it is a felony you must be off of probation for 5 years before applying. Also, the offense charged cannot be one of the cases prohibited from non-disclosure such as murder, DWI, or sex assault.

There are several other factors to be considered when determining qualifications. Consult an attorney for eligibility.