When you have a criminal offense on your record, it is natural to wonder if there is any way to remove it. In Texas, some offenses can be entirely removed from your record through expungement (also called expunction) and some offenses can be hidden from the general public while still being visible to law enforcement, criminal justice agencies, licensing agencies, and certain government entities through a process called nondisclosure. In the case of expunction, you must fill out a written application form after a prescribed waiting period. Nondisclosure sometimes requires you to apply for it, and sometimes does not.

How Do I Apply for an Expunction?

In order to be eligible for expunction, your offense must be a Class C misdemeanor that resulted in deferred adjudication or be an offense that did not result in conviction regardless of level, where charges were not filed, charges were dismissed, or you were acquitted or pardoned. There is also a waiting period of 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies. The waiting period applies even if charges were not filed. If your offense meets the criteria and you have waited the required length of time, then you will need to file an Application for Expunction in the county in which you were arrested and provide a fingerprint card from the Department of Public Safety. Experienced criminal defense attorney Michael H. Pham can help you to navigate this complicated process and ensure that your record is cleared. Call 713-236-7791 to schedule a consultation today.

How Do I Apply for an Order of Nondisclosure?

There are two types of nondisclosure orders in Texas. The first happens automatically, without any need for you to apply. This occurs when your offense was a first-time misdemeanor(regardless of level), occurred after September 1, 2015, and resulted in deferred adjudication ending in discharge or dismissal. If all of those conditions apply, your nondisclosure will be ordered by the judge without any application or waiting period.

The other type of nondisclosure requires filing a petition in the convicting court. This kind of nondisclosure is only available for certain offenses and in certain circumstances. Contact the Law Office of Michael H. Pham today to find out if you are eligible to apply for nondisclosure.

Do I Have to Report Offenses on Job Applications after Expunction or Nondisclosure?

If you are successful in having your offense expunged from your record, then it is truly gone. Nobody can see that it ever happened—not even law enforcement or government entities. You are not required to report the offense on job applications or anywhere else.

With a nondisclosure order, certain government entities will still be able to see the offense on your record. However, you are still not required to report the offense on job applications or anywhere else.

Expunction and nondisclosure are two ways to clean up your record and ensure a brighter future, free of your past mistake. The process is complex, though, and can be both confusing and stressful. Contact the Houston Law Office of Michael H. Pham today to start the process of clearing your name.