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If you were arrested, the second thing you need to establish is whether you were convicted or not. If the answer is yes, expunction is not for you. Expunction hides only an arrest, not a conviction. An individual cannot have a conviction or have served probation, and still qualify for expunction. Non-disclosure can be a good alternative for those incapable of qualifying for Texas expunction because it hides a conviction.
Some cases will also require a specific waiting period to lapse before they are eligible for expunction or non-disclosure.
If you are wondering about qualifying for Texas expunction there are certain requirements you must meet. You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony.
If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case. Once you have met the above three requirements, consult a skilled expunction attorney that can try to help you get a second chance at life.
If you cannot get your record expunged, you may still be able to petition for non-disclosure. This effectively seals off all record of your arrest, probation, and conviction from the public record. Law enforcement, licensing boards, and several other specific agencies can still request access to these records under very specific circumstances.
However, if someone were to run a background check on you, all records of your arrest, prosecution, and conviction would be sealed and invisible. The purpose of non-disclosure is to hide a successfully completed deferred adjudication or conviction for certain offenses from a public record.
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