Do I qualify to get an offense on my record expunged?
Generally speaking, if you received deferred adjudication and completed it satisfactorily, you may be qualified to get a nondisclosure order to seal the record for that offense. Also, as mentioned earlier, even if you received a conviction, there are now certain misdemeanor cases you can get a nondisclosure order for and thus sealing the record. However, there are certain types of cases where you cannot get a nondisclosure order. For example, if you have ever been convicted, put on probation, deferred or otherwise, for a family assault case and certain sex offenses, you cannot get a nondisclosure for any case. This means, for example, that if you were put on deferred adjudication for assault family violence and lived it out okay, you cannot get a nondisclosure order for that case or any other case. Feel free to contact our office for a discussion on whether or not you qualify. The offenses that you cannot get a nondisclosure order for include the ones listed below.
- An offense requiring registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedures. This does not include Public Lewdness or Indecent exposure unless you are required to register as a sex offender.
- Aggravated Kidnapping.
- Capital Murder.
- Injury to a child, elderly, or disabled person.
- Abandoning or endangering a child.
- Violation of a protective order or Magistrate's order.
- Any offense involving family violence.
Please note that a conviction, probation, or Deferred Adjudication on any of the above offenses precludes getting a nondisclosure order on any other offense.
Please call if questions or any of the above is not clear or if you are unsure.