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Petitions for Non-Disclosure and Expunctions

May 8th, 2009

You or someone you know may be in this situation:

  • You have had a case in the Harris County Criminal Courthouse, or any other Texas court for that matter;
  • The judge has granted deferred adjudication; and
  • You have successfully completed deferred adjudication.

What now?  Many assume that once deferred adjudication is completed,  the existence of that charge is automatically erased.  They assume that their record is now clean.  Unfortunately, that is not the case.

 

Even if you have completed deferred adjudication, the charge will still remain on your record, unless the Criminal Court grants a Petition for Non-Disclosure or an Expunction.

 

If a judge grants a Petition for Non-Disclosure, then the records relating to that particular charge will be sealed, but not completely destroyed.  Although law enforcement and certain governmental and licensing agencies may be able to access your record, private employers or the public will not be able to. 

 

If the deferred adjudication has been completed on a Class C misdemeanor, then you may be eligible to have your record expunged.  If the court grants an Expunction then any and all information relating to that particular charge will be completely destroyed and no one, not even law enforcement or the government, will have access to that information.

 

In order to find out whether you qualify for a Petition for Non-Disclosure or Expunction, it is best to contant an experienced criminal defense attorney in non-disclosures and expunctions.

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