Sealing Your Record: When an Order of Nondisclosure is Better Than an Expunction

If you’ve faced criminal charges in the past and you’re ready to wipe the slate clean, an order of nondisclosure could be your next step. There’s often confusion regarding disclosure orders, expunctions, and when each option applies. If you’re ready to leave the past behind you and start over, discussing an order of nondisclosure with your criminal defense attorney should be your next step.

The team at Garza Law Office, PLLC knows how a previous arrest, criminal charge, or conviction can limit your options in life. We’re here to help you move forward, explore your options for relief, and seek a disclosure order or expunction. Attorney Dora Alicia Garza advocates fiercely for her criminal defense clients, seeking options and solutions that best prepare them for the future. Meet with our Texas criminal defense law firm by calling us at 956-329-1304.

Differences Between an Expunction and Order of Nondisclosure

An expunction completely erases a criminal record. When it’s granted, it’s as if the arrest or charge never happened. You can generally deny it in most situations, including on job applications or housing applications. Additionally, government agencies are required to delete their records.

However, expunction is limited to very specific circumstances, and many people do not qualify for this form of relief.

On the other hand, an order of nondisclosure does not erase the record. It seals it from public view. The majority of landlords, employers, and background check companies cannot see the criminal record. However, government agencies can still see your record.

Both options can significantly improve your future options—it’s just a matter of figuring out which solution fits your situation with the help of a criminal defense lawyer in Texas.

When Expunction is Not an Option

People often begin by looking into expunction, since having no record of your charges, arrest, or conviction is obviously the preferable outcome. However, if your case resulted in a conviction, expunction is generally not an option in Texas. Even if you successfully complete deferred adjudication probation, you likely will not qualify for expunction. This is also the case for plea agreements and cases where eligibility rules are not met.

If any of these situations apply to you, pursuing an expunction may simply not be an option. In these situations, an order of nondisclosure may be the right path forward.

When an Order of Nondisclosure is the Better Choice

Orders of disclosure are court orders that limit who can access your criminal record. Most public-facing databases cannot access your record once the order is granted.

If you successfully complete deferred adjudication, nondisclosure may be the best option for you—and applying for expunction can lead to unnecessary delays.

Nondisclosure may also be the better option if you are looking for a fast, predictable outcome. If your main worry is passing employment or housing background checks, sealing your record may accomplish your goal without having to go through the expunction process.

A nondisclosure order may also grant you relief if you have completed probation after a DWI conviction, been convicted of certain misdemeanors, or completed a Veteran’s Treatment Court Program.

The Process of Securing an Order

Getting an order of nondisclosure involves filing a petition with the court that initially oversaw your case. You’ll need to pay the filing fee and wait for the court to review your request.

You may have to attend a hearing after applying for an order of nondisclosure. Note that ultimately, the judge has discretion to grant or deny your nondisclosure request. Just meeting the minimum requirements isn’t enough to guarantee an order of nondisclosure.

Timelines vary, depending on which court is handling your case and the details of your request. However, for many people, a decision is reached in a matter of weeks or months.

Choosing between expunction and a nondisclosure order isn’t always straightforward. There are several types of nondisclosure orders, and each one has their own requirements. If you’re unsure of what your next step should be, discussing your options with a criminal defense attorney is highly recommended.

Fight for Your Future With Texas Criminal Defense Lawyers at Garza Law Office, PLLC

When you’re ready to pursue an order of nondisclosure and get the fresh start you need, our criminal defense law firm is ready to help. Set up a consultation now to explore your options. To schedule a meeting with a criminal defense lawyer, just call us at 956-329-1304 or get in touch online.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.