Being convicted of a crime can affect an individual’s life to a great extent. It creates hiccups in getting a job, reduces earning potential, affects divorce and child custody cases, and much more. Not only this but their family’s life also gets affected in numerous ways.
That’s why it is critically important to seek help from a defense attorney and protect yourself. The attorneys are well-versed with the state and federal laws and help formulate your defense strategy to remove the criminal record or lower the probation after disposing of the case.
Even so, the process of each legal matter is easier said than done. It would be wise to do your homework and learn about the expunction and motion for nondisclosure in your state, Austin, in this scenario, clearing. So, let’s begin!
What Is Expunction?
Expunction is the process of obtaining a criminal offense erased from a person’s criminal record. The documents will be destroyed, and the person will be able to legally dispute the charges. Cases that have been dismissed, rejected, declared not guilty, or released are eligible for expunction. There are a few exemptions, but in general, an Expunction cannot be granted once a Conviction has been recorded.
A one-time conviction for Underage Drinking, prospective probation set-asides, and a case that has been forgiven are some of the more prevalent exceptions to the rule that “once a Conviction has been entered, there cannot be an Expunction.” It is better to consult your Austin Criminal Defense Attorney, to know whether or not you are eligible for expunction. They can study your case and help you.
Expunctions in Texas should result in the destruction of both arrest and court records. It is significant because the Texas Department of Public Safety (DPS) tracks arrest data and sells it to private companies who subsequently sell it to the general public.
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What Is Motion For NonDisclosure?
In Texas, a Motion of Nondisclosure is used to keep criminal records hidden from the public. A nondisclosure petition is a request to the originating court requesting the jury to seal a person’s offense. Only fully completed Deferred Adjudication cases are eligible for a Motion of Nondisclosure, which essentially seals the violation from the general public. This indicates that a case dismissed (without Deferred Adjudication) or ended in a final conviction is ineligible for Sealing Criminal Records or nondisclosure.
It is also noteworthy that nondisclosure imposes a waiting period of up to two years in other circumstances. Nondisclosure proceedings in Travis County and Austin are normally scheduled 45-60 days after the complaint is filed, and the defendant does not need to return to court.
Notices of the Order of Nondisclosure are issued to organizations that have your information and crime data after it is granted. The authorities (police, courts, and jails) then seal the record and send the court a compliance notification. You should expect results (in the form of a sealed criminal history of that offense) in around 4-6 months. However, certain agencies may take up to a year.
What Is The Difference Between Expunction And Motion For NonDisclosure?
The prime difference between them both is that an expunction is a court order that requires agencies to delete criminal records. This includes the police and the courts. The records are sealed from the general public under nondisclosure orders, but law enforcement, prosecutors, and an increasing number of entities can still examine the arrest and case data.
What Is The Better Option?
Whether you request the court for an Expunction or a Motion for Nondisclosure is mostly determined by the case and how it was resolved, rather than your personal preference for either.
The defendant must have the case and crimes dismissed in order to obtain an Expunction or a Motion for Nondisclosure. In simple terms, you can’t get an Expunction or a Motion for Non-Disclosure if your case wasn’t dismissed. As of 2017, DWI cases and Motions for Nondisclosure now have an exception.
What Is The Eligibility Criteria?
Eligibility is determined by the facts of the case as well as the person’s criminal background. Nondisclosure is not available to everyone due to prior convictions. Even though the charges were dismissed after a favorable Deferred Adjudication discharge, not all offenses are eligible. A family assault case, for example, cannot be sealed by a Motion of Nondisclosure, irrespective of whether the case was dismissed or whether a finding of Family Violence was made.
Non Disclosure has the advantage of keeping a person’s offense hidden from the public eye, which means future employers will not see it because it was sealed through a Motion of Nondisclosure.
Likewise, you should be entitled to an Expunction if your charges were dismissed for any other reason or if you were found not guilty (among a variety of other reasons for dismissal). If you were 17 or younger at the time of your violation or arrest, you might be entitled to have your criminal record sealed for Juvenile Offenses.
Finally, even if you have been convicted, you still have the option of deleting your criminal record. If you are granted a Texas Governor’s Pardon, you can then file for an Expunction.
Why Is Hiring An Attorney Important?
Handling the conviction process can get complicated, especially if you are not well versed with the state laws. Therefore, you must hire a reliable criminal defense attorney. They can easily explain the clearing record process, along with guiding you through the process. They can also explain to you your rights and things to do in court to ensure that your case gets resolved as quickly as possible.
To Sum It All Up
It is essential to clear your criminal records so that you can continue with your life and take steps for the betterment of it. For this purpose, you must get in touch with a criminal defense attorney on an immediate basis. Learn about the state and federal law as much as possible and discuss your needs with the attorney and any concerns that you may have without any hesitation.
