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What is the difference between an expunction and a non-disclosure?

Posted by David Payma | Jan 11, 2023 | 0 Comments

In Texas, an expunction and a non-disclosure are both legal mechanisms that can be used to clear or seal a person's criminal record. However, they are distinct processes and have different requirements and outcomes.

An expunction is a court-ordered process that completely erases a person's criminal record. If a person's record is expunged, it is as if the arrest or conviction never occurred, and the person is legally able to deny the existence of the record. Expunctions are available only under limited circumstances, such as when charges were dismissed or when the person was found not guilty at trial.

A non-disclosure, also known as a "sealing" of a record, makes a person's criminal record confidential and not available to the general public. However, it still exists, and can be accessed by certain entities like law enforcement, some employers, and agencies in certain circumstances. Non-disclosure are available when a person has successfully completed a deferred adjudication, or also in some other specific situations.

In summary: Expunction erases the record as if the arrest or conviction never occurred, making the person legally able to deny the existence of the record. Non-disclosure seals the record making it not available for public access but can still be accessed by certain entities like law enforcement, some employers and agencies in certain circumstances.

About the Author

David Payma
David Payma

David Payma heads the firm's criminal defense practice. He is a trusted and dedicated criminal defense attorney practicing in counties all throughout Texas. He has successfully handled hundreds of criminal cases and has years of experience helping clients protect their criminal record. His commitment to defending his clients, coupled with his knowledge of the law, are part of the reason he has been able to effectively secure dismissals for clients in Dallas County, Collin County, Tarrant County, Denton County, and several other counties throughout Texas. David recognizes the difficulties associated with every case and works tirelessly to try and reach the best possible outcome for each of his clients. He understands that every case is unique and that every client is facing different circumstances. That is why David works with every client individually to try to ensure the best possible outcome on their case.

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