Today we wrap up our series on expungements and non-disclosures here in Texas.
What is a non-disclosure?
Non-disclosure is a process that enables you to hide or to seal your criminal record as it relates to a particular offense.
Four questions you need to ask yourself if you’re considering a non-disclosure.
Am I eligible for a non-disclosure?
In Texas, you are eligible to non-disclosure, hide, or seal certain parts of your criminal record. But only if you have completed successfully deferred adjudication probation. Therefore, if you entered a no-contest plea, and you were placed on community supervision, and you completed all the terms, you very well could be eligible to have it non-disclosed.
The second part of the eligibility analysis, though, is a little more challenging. Certain charges in Texas are not allowed to non-disclose. Those include violent crimes like murder, kidnapping, sex offenses, family violence, and any violence involving children.
Do I need a lawyer for a non-disclosure?
Yes, you do. Technically, you can do it yourself, but if there’s any ambiguity about the type of offense you successfully completed, your deferred adjudication period with, I think you need a lawyer to make sure it’s done correctly.
How long does it take to get a non-disclosure?
It’s about the same processes as an expunction. It can take maybe up to six months to have everything sealed or hidden. The process itself procedurally is about 45 days from when you request it when the prosecuting attorney will respond. Under the statute, they’re allowed 45 days to respond. And then if they have a response and they don’t object to it, a lot of times the judge will sign off on that order. You can expect at least about two months initially, and sometimes it takes a little longer for your record to be hidden or non-disclosed.
Do I need to hire a local lawyer for a non-disclosure?
No, you don’t. We handle non-disclosures and expunctions all over the State of Texas.
Contact us if you have any questions about expungements, non-disclosures, and your eligibility for each. We’re always glad to help and clarify any of your questions.