If you have been wrongfully arrested or charged with a crime, you may want to start the legal process to expunge those charges from your permanent record. This process involves hiring an attorney and allocating funds for legal expenses.
To learn more about Orders of Nondisclosures and Expunctions in Texas, check out this webinar with Texas Legal Attorney Andromeda Vega Rubio, who represents clients pursuing an expunction or order of nondisclosure.
Clearing your criminal record in Texas
Sometimes, legal issues can happen unexpectedly. Even being at the wrong place at the wrong time can result in charges, an arrest, or a conviction, which could unjustly tarnish your public record. So, what’s the next step? Should you accept the consequences, which may affect future job prospects, housing applications, or your reputation?
This is a daunting prospect, especially considering approximately 32% of Texans have a criminal record. This can impact your future employment, housing, and education. Reportedly, 90% of employers conduct a criminal background check during the hiring process.
Whether the person charged/arrested was found guilty or not, they now have arrests visible on their public criminal records. Thankfully, under certain conditions, if you were wrongly convicted, you might qualify for an expunction or an order of nondisclosure. If you ever end up in the situation of an unjust arrest, charge, or conviction, it’s important to understand what expunctions and orders of nondisclosure are, and how to handle clearing your record.
Expunctions vs. Orders of Nondisclosure: What’s the difference?
Understanding the terms “expunction” and “order of nondisclosure” is crucial.
Expunction
“The whole purpose of an expunction is to erase the criminal record of someone that was arrested wrongfully,” Attorney Vega Rubio stated in her webinar. Expunction allows certain individuals to remove information about a prior arrest, charge, or conviction from their permanent records, given the right criteria. If an expunction is granted, it’s as if the charge never occurred.
You must have won the case you are fighting to be eligible for expunction. Winning a case can mean a variety of things, but essentially, you must prove that one of the following situations applies to all the charges against you:
- Dismissal
- Acquittal (found not guilty)
- No Bill/ Rejection
- Identity Theft
- Class C Juvenile Charges such as possession of drug paraphernalia, making a firearm accessible to a child, disorderly conduct, or simple assault.
Order of Nondisclosure
When an expunction is not granted due to certain unmet requirements, one might seek an order of nondisclosure, also known as record sealing.
“The purpose of a nondisclosure is to seal your arrest… so if a future employer were to run your record, they would not see your arrest,” Attorney Andromeda Vega Rubio said. Therefore, if you obtain an order of nondisclosure, you can prevent future employers from seeing it, eliminating worries about your past affecting your future.
I think I’m eligible for expunction or nondisclosure in Texas; where do I start?
Luckily, here at Texas Legal, we make pursuing the expunction and nondisclosure process accessible and affordable for all Texans.
How Texas Legal can help you with expunction
Texas Legal is a nonprofit organization providing a statewide legal benefit plan and coverage exclusively for Texans. Enrolling in a legal benefit plan can help alleviate the financial stress caused by unforeseen legal issues. For a low monthly or annual premium, Texas Legal will support you through all of life’s seasons.
To understand more about what Texas Legal covers, review our plan benefits, and if you’re ready to receive legal protection, feel free to contact us or sign up for coverage today.
Not a member of Texas Legal? Join for as little as $50 a month. If you are a veteran or bank with a credit union, your monthly cost could be even lower. Find out what your rate is today!
*The Criminal Law benefit under the Secure and Preferred Plans covers participating attorneys’ billable time for covered criminal matters, some exclusions may apply. The Select Plan offers a 25% discount on participating attorneys’ billable time. Please reference plan documents for more details and other Criminal Law benefits and limitations. For more details regarding your specific plan and available benefits, please contact Texas Legal at 1-800-252-9346 or members@texaslegal.org.