Expunctions & Non-Disclosures

Find Out If You Qualify to Have Your Criminal Record Sealed

Being arrested for a criminal offense leaves a permanent record, whether or not a person was found guilty. The Texas Department of Public Safety maintains this record at the Texas Crime Information Center (TCIC). Unless these records are expunged they can turn up on criminal background checks for years. At Fitzpatrick Jacks Smith & Uhl, we regularly work with people to have criminal records expunged, or file a motion for non-disclosure to ensure criminal records do not appear on background checks.

Obtaining an Expunction or Non-Disclosure

Employers, rental agencies, and lenders all use background checks when making business and rental decisions. Having an arrest or criminal conviction expunged prevents the law enforcement agencies from releasing information related to the criminal charge. Unfortunately, not all criminal convictions can be expunged.

Criminal records that are commonly expunged include:

• Certain dismissed cases
• Cases where the prosecutor declines prosecution
• A trial that results in a not guilty verdict
• Situations where a class C misdemeanor is resolved with a deferred disposition

In some cases involving class B or A misdemeanors, and certain felonies where the court ordered deferred adjudication, a client may be eligible to file a motion for non-disclosure. While the criminal record is not expunged, a non-disclosure does prevent law enforcement from revealing the criminal record to anyone outside law enforcement. Typically, people must have completed probation and avoided arrest for two to five years to obtain a non-disclosure order.