Expunction and Non-Disclosure of Criminal Records: Understanding Your Options

Navigating the legal pathways to clear your criminal record can be complex and challenging. Understanding the differences between expunction and non-disclosure, and knowing which option you may be eligible for, is crucial in taking steps towards a clearer future.

Expunction of a Criminal Record

Expunction, also known as expungement, is the legal process of erasing an arrest, charge, or conviction from a person’s record. This process can be lengthy and intricate, but successful expunction results in the permanent removal of a criminal record, as if the arrest or conviction never occurred.

Eligibility for Expunction

To be eligible for expunction, your case must fall into one of the following categories:

• An arrest for a crime that was never charged
• A criminal charge that was dismissed
• Certain qualifying misdemeanor juvenile offenses
• Conviction of a minor for specific alcohol offenses
• A conviction for failure to attend school
• Cases involving identity theft where another individual was arrested, charged, and convicted
• A conviction that was later acquitted or pardoned

Limitations and Restrictions

However, there are limitations. Expunction is not available for adults who have received deferred adjudication or probation, or those convicted of a felony within five years of the arrest they seek to expunge. Additionally, offenses that are part of a criminal transaction with pending charges for a different crime during the same incident are ineligible. The statute of limitations for the crime must also have expired.

Non-Disclosure of a Criminal Record

If expunction is not an option, non-disclosure might be a viable alternative. Non-disclosure seals your criminal record from public view, making it inaccessible to civilians, though still available to criminal justice professionals.

Eligibility for Non-Disclosure

To be eligible for non-disclosure, you must:

• Wait until the statutory waiting period has passed
• Avoid conviction of any additional charges during this period

Offenses Ineligible for Non-Disclosure

Certain offenses are not eligible for non-disclosure, including:

• Abandoning or Endangering a Child
• Aggravated Kidnapping
• Aggravated Sexual Assault
• Capital Murder
• Compelling Prostitution
• Family Violence Offenses
• Incest
• Indecency with a Child
• Injury to a Child, Elderly, or Disabled Individual
• Murder
• Child Pornography Offenses
• Sexual Assault
• Stalking
• Unlawful Restraint, Kidnapping, or Restraint of a Child Under 17
• Violation of Protective or Magistrate’s Order

Conclusion

Clearing your criminal record through expunction or non-disclosure can be a life-changing process. It’s important to understand the eligibility criteria and limitations of each option. Consulting with a legal expert who specializes in these areas can provide guidance and increase the likelihood of a successful outcome.