What is the difference between an expunction and nondisclosure in Texas?
Criminal records can be expunged or nondisclosed in Texas in some situations. Attorney Benson Varghese explains the difference between an expunction and nondisclosure in this short video.
In Texas, an expunction means that the criminal record is actually destroyed. An order for an expunction is so powerful that the courts, the county clerks, the district clerks, the police officers, must all destroy evidence of your arrest. Additionally, anyone who receives that order must destroy any records they have of your arrest. This includes private parties that are commonly used to distribute criminal histories. Private websites where people commonly go to purchase criminal background checks, those records would be deleted. It’s a very powerful tool. In fact, under oath, with the exception of being under oath in a criminal case, so even in civil cases or family law cases, you are allowed to say you have never been arrested if an order of expunction has been granted. On the other hand, an order for non-disclosure simply means that the record cannot be released to most private individuals. It will still be available to state and licensing agencies and law enforcement agencies.
We hope you found this information helpful. To learn more about expunctions and nondisclosures, please visit this webpage. To find out if you are eligible contact us today.
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- Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
- Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
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