![]() The petition must be filed in the county where you were arrested or where you faced the criminal charges. In addition, the court needs to know what agencies might have relevant records so that they can notify them of the outcome of the petition. The court also needs complete arrest information including the crimes charged, dates of arrest and charging agencies. For starters, you must include personal information such as your date of birth, driver's license number and social security number. There is a lot of information that needs to go into preparing a petition: If you meet the requirements, the judge must grant the petition and order the records expunged. To obtain an expunction, you or your defense attorney must to file a petition with the court. How to Apply for Criminal Record Expunction ![]() Experienced Houston criminal defense attorney Neal Davis can tell you if your case meets the qualifying criteria. Law enforcement can see these records and read information about your past conviction, but the general public cannot.Įven if you are not eligible for expunction, you may still qualify to ask for non-disclosure of the record. With a non-disclosure, there are certain records that still exist for law enforcement purposes. When the state expunges a criminal record, they destroy all of the records of the case. However, expunctions and non-disclosures happen under two very different circumstances - and for the expunction, even government officials don't have a record of your arrest. The final effect is similar: no member of the public has access to the record when they search your criminal history. Non-disclosure of a criminal record and expunging a criminal record are two very different things. ![]() The Difference Between Expunction and Non-disclosure This is called “expungement” or an “expunction.” When you qualify for an expunction, it is as if your arrest never happened. You may get a stomach-ache every time a potential employer asks if you have ever been arrested, or you may have difficulty finding a place to live or even traveling internationally.Īn arrest record follows you long after you have served your sentence.įortunately, Texas law allows certain former offenders to petition the court to make their conviction record nonpublic. Having to disclose an arrest can be long-term hardship, even if you were not convicted of the offense. ![]()
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