FAQs Expunctions & Non-Disclosures
Some questions customers ask
An expunction is available when a person has been arrested and then either:
- Case was dismissed
- “Not Guilty” verdict
- Successful completion of a Pre-Trial Diversion Program
- District attorney has not filed charges within a certain period of time. (Different time periods apply for different classifications of crimes
No, if you served any term of probation you are not eligible for an expunction. However, you may be able to have your record “sealed” with a Non-Disclosure order.
Unfortunately, in most cases no because deferred probation is form of “community supervision” under the Texas expunction statute. You may however be able to have your record “sealed” with a Non-Disclosure order.
- There is an exception in that if you received Deferred Adjudication for a Class “C” misdemeanor you are eligible for a full expunction.
An order of Non-Disclosure directs all agencies to “seal” your record. Thus it is removed from all public databases. Law enforcement agencies and certain state agencies can still maintain their records for internal purposes, but the cannot display the records publicly.
On the other hand, when your record is expunged each agency is directed to completely remove any record of your arrest, jailing and prosecution. This includes the destruction of any paper files and the obliteration of any electronic records. Further, both the state and national criminal databases are ordered to remove all of your records as well.
The first step is to prepare and file either a Petition for Expunction or a Petition for Non-Disclosure with the appropriate trial court. The respective petitions are actually lawsuits you file and each of the relevant law enforcement and judicial agencies have to receive proper notice of the lawsuit. Thereafter the court will schedule your case for a hearing were you will be required to present evidence to the judge proving you are entitled to either an expunction or non-disclosure order. If the judge agrees, the court will sign an order and the clerk will send the order to each agency for them to either seal or delete or destroy your records and files.
Yes, prior to entering private practice full-time, attorney Timm Davis was a prosecutor for twenty-years with the Hidalgo County Criminal District Attorney’s office. For over fifteen-years attorney Timm Davis was responsible for all expunction cases filed in the county and has appeared in thousands of cases on behalf of the district attorney’s office.
Prices vary depending upon the complexity of the case and whether or not the case is contested or if the opposing agencies can be made to agree to the expunction. In general, you can expect to spend $2,000-$3,000 to have your record expunged. Included in the price is not only the retainer for attorney services, but also court filing fees which range from $500-$600 on each case.