Even if a person is not eligible for a full expungement, they could still be eligible for an order of nondisclosure (expunction), sometimes referred to as “sealing your record” in Texas.
When you get your record expunged, your criminal records are destroyed. This leads to the criminal charges largely becoming untraceable. However, when you get an order of nondisclosure, the criminal records still exist, but they will be harder for people to access. For example, civilian employers are not able to see sealed records.
Under Texas law, a person can file a nondisclosure petition if they have completed deferred adjudication probation. This applies even for most felony cases. In this state, deferred adjudication is a type of plea arrangement in which a defendant agrees to probation, and the court dismisses the case if the defendant successfully completes the probation. In Texas, some people can even have their criminal records sealed even if they have been convicted of certain offenses. For example, first-time DWI offenders can request a nondisclosure of their DWI conviction if they have no other criminal history.
When a record has been sealed, only a small group of government agencies and other entities will be able to see your criminal profile.
How Long Does Expungement Take in San Antonio?
Any person who has been arrested will want to get the damaging charges off of the criminal record as soon as possible if they can. However, the processes involved in legal expungement and nondisclosure petitions can take some time to complete. Understanding exactly how long these processes can take is complicated, so giving an adequate time frame that can be used as a guideline is difficult.
For example, a first-time DWI offender would have to wait either two years or five years to request a seal of their records, depending on whether or not they completed probation within an ignition interlock device for the required period of time.
A hearing appointment for an expungement or nondisclosure petition will usually take 30 days after a request but often takes longer. If the petition is granted, it can take various state agencies up to 12 months to destroy the records. In general, a person can expect their expungement to take 60 to 90 days before their criminal background checks begin to clear up. Nondisclosure petitions that are granted will typically occur almost immediately, however, many private companies may not update their records unless they are specifically informed of the orders.
Preparing an expungement or nondisclosure order can be complicated. The best way to ensure that you complete this process appropriately and get a hearing date is to work with an experienced expungement lawyer in San Antonio.