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Just because you were acquitted of a crime doesn’t mean your record was immediately cleared. But if you were acquitted of a criminal offense and you file within the first 30 days then there is no filing fee for the expungement. Sometimes the law doesn’t allow for the individual to apply for an expungement of their record.

Rather, that person has to apply for a nondisclosure order.

Expungements & Non-Disclosures in Texas

A criminal record can follow you around for the rest of your life. A criminal record can also affect you for the rest of your life. It may prevent you from living near a school or living in a
certain apartment or it may prevent you from getting a job.

Depending on what crime you were charged with and the resulting plea deal or acquittal, you may qualify to have your record expunged or you may qualify for a nondisclosure.

Circumstances In Which You Can Seek an Expungement for Certain Crimes

  1. If you have been tried and acquitted for an offense;
  2. If you have been tried, convicted, and then pardoned; and
  3. Other:
  4. You have not been convicted for an offense for which you were arrested and
  5. You did not intentionally or knowingly flee after being released on bail, and
  6. The arrest did not arise out of a warrant issued for a violation of community supervision,
  1. The court has not ordered community supervision for the crime and either
  2. The requisite time period has passed, or
  3. The prosecutor certifies the arrest records are no longer needed, or

iii. The charge was dismissed because the individual completed a

Pretrial intervention program, or

  1. The charge was void or based on a mistake or false information, or
  2. The prosecution of the offense is no longer possible because the

Statute of limitations has expired.


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Class C Misdemeanors – Expunctions

The “no conviction” and “no community supervision” requirements do not apply

Common Crimes that may be expunged:

  • Public Intoxication
  • Minor in Possession of Alcohol
  • Any other Class C Misdemeanor – if you received “deferred disposition

Waiting Times to Request Expunctions

  • 180 days after the date of arrest for Class C Misdemeanors
  • 1 year after the date of arrest for Class A and Class B Misdemeanors
  • 3 years after the date of arrest for Felonies

Order of Non-Disclosures

Unlike Expunctions, an Order of Non-disclosure is available to those who successfully complete deferred adjudication for a Class B or above criminal offense. Once granted, the Order prevents law enforcement agencies, jails, courts and other public information agencies from releasing arrest information to private third parties. 

However, the Order does not prevent law enforcement agencies from sharing the information with one another or with certain authorized agencies, such as school districts. The arrest information may also be revealed in the case of subsequent criminal prosecutions

Waiting Times to Request Expunctions 

  • You will be eligible for this Order immediately upon completion of your deferred adjudication requirements if the crime did not involve, sex, guns or violence. If it does involve these areas, then you will have to wait five years before applying for the order.
  • Felony arrests is ten years

Crimes Where You Cannot Request an Order of Non-disclosure

  • Kidnapping offenses
  • Sex crimes
  • Abandonment or endangerment of a child
  • Injury to a child, the elderly or disabled
  • A violation of a protective order
  • Stalking or crimes involving family violence

Contact the Presti Law Firm today to see if you qualify for an expunction or an order of non-disclosure.


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Step 1: Contact us for an assessment and consultation.

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Step 2: We’ll offer personalized strategy development.

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Step 3: Our team will offer you dedicated support and guidance.