Expunction or Non-Disclosure
You may be eligible for your records to be erased or sealed.
After an arrest, several records are created. You will probably have a bond record, a jail record, a magistrate record, and more. These records will be kept whether or not a criminal case is actually filed. If your criminal case is filed, even more records will be created and kept. Some of these records are what will show up in background checks, and most of the time, even show up to the general public. Most people are amazed at how many entities keep their arrest and case information.
Expunctions
Expunctions were created as a means of removing all traces of an arrest from the State’s records. If an Expunction Order is granted, the court will send out the granted order to all the entities provided by your attorney, demanding that the entities remove your information. In addition to your criminal records being erased, another benefit of an expunction is that you are legally allowed to deny you were arrested and charged with a crime, in most instances.
Nondisclosures
If an expunction is not possible, a nondisclosure is the second best option for sealing or limiting access to criminal records. It is generally available after successful completion of a Deferred Adjudication probation, many first-time misdemeanor convictions, and certain DWI cases. It is not as effective as an expunction, because several entities (such as the police and government agencies) still have access to criminal records after a nondisclosure. A nondisclosure prevents the general public from having access to criminal records that have been nondisclosed.
The right to having your records erased or sealed is created by statute and can be confusing or intimidating to those that rarely handle it. It is important to hire an attorney who is an expert in expunctions and non-disclosures to make sure that all of your records are erased. Additionally, it is important that your attorney takes the time to explain the entire expunction or non-disclosure process to you, as it is longer and more thorough than most people expect. At Vitz Law, we have handled hundreds of Expunctions and Non-Disclosures. We will take the time to answer your questions, and make sure you know the timeline to expect.
Call (972) 569-8600 to see if you are eligible for an Expunction or Non-Disclosure.