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Expungement vs. Sealing Records in Texas: What's the Difference? (and Do You Qualify?)
John D.
Let’s face it, an arrest or conviction in Texas can cast a long shadow. It can impact your employment opportunities, housing options, and even your self-esteem. But here at L and L Law Group, we understand that people make mistakes, and sometimes, a second chance is exactly what you need.
That’s where expungement and sealing records come in. These legal processes offer a path forward, but they’re not exactly the same. Today, we’ll break down the key differences between expungement and sealing records in Texas, and help you determine which option might be right for you.
Erasing the Past: Expungement
Think of expungement as hitting the “delete” button on your criminal record. If your petition is granted, the court orders the destruction of all records related to your arrest or conviction. This means the arrest or charge essentially vanishes, and you can legally answer “no” if asked about it on applications (with some exceptions).
Sounds perfect, right? Well, expungement in Texas is a very limited option. It’s generally only available for:
- Dismissed cases: If the charges against you were dropped.
- Certain misdemeanors: Only specific misdemeanors, like minor theft or possession of small amounts of marijuana, qualify for expungement after completing probation without any violations.
- Deferred adjudication: If you successfully completed deferred adjudication, a form of probation where the case is dismissed upon completion.
Sealing Records (Order of Nondisclosure)
Sealing records, also known as an order of nondisclosure in Texas, takes a different approach. Instead of erasing the record, it hides it from public view. This means most background checks, like those run by employers or landlords, won’t reveal the sealed offense.
However, it’s important to understand that sealed records aren’t truly invisible. Law enforcement agencies and certain government entities can still access them.
Qualifying for Sealing Records in Texas
Now, the million-dollar question: do you qualify for either expungement or sealing records in Texas? The answer, as is often the case in law, is: it depends. The good news is that sealing records is generally more available than expungement. Here are some offenses that may be eligible for sealing after meeting specific requirements:
- Certain misdemeanors and felonies (depending on the severity and how long ago the offense occurred).
- Non-violent offenses.
- Offenses committed as a juvenile (restrictions apply).
Consultation Is Key
Given the nuances and complexities involved in expungement and sealing records, it’s crucial to seek legal counsel to determine your eligibility. An experienced attorney can assess your situation, navigate the legal landscape, and advocate for your rights effectively.
Can L and L Law Group Help?
Whether expungement or sealing records is the right option for you depends on your specific situation. The experienced attorneys at L and L Law Group can guide you through the process, assess your eligibility, and help you navigate the legal complexities involved. We understand the importance of a clean slate and will fight for the fresh start you deserve.
Contact L and L Law Group today for a free consultation and let’s discuss your options!