Expunction, Non-disclosure and Juvenile Sealing
An expunction deletes the records from the agencies connected with your case. Generally, expunctions can only be obtained if your case was dismissed or if you were found Not Guilty after a trial. Class C cases, punishable by fine only, can also be expunged in certain cases after you successfully complete a deferred adjudication or deferred disposition. Certain alcohol-related offense involving minors have special rules. Expunctions are usually a matter of right if you qualify. Sometimes, even if you do not technically qualify, an expunction is available.
A non-disclosure order, like its name implies, does not delete the record. Instead, your criminal records are flagged and blocked from disclosure to the general public. They remain accessible to law enforcement, regulatory bodies, and to certain other agencies. Non-disclosures are possible after the successful completion of deferred adjudication for certain offenses. Some are available immediately, some have either a two or five year waiting period, and some are never eligible for non-disclosure. Also, a new conviction or deferred adjudication during the waiting period will disqualify you.
Non-disclosure orders are not automatically available. They are issued in the broad discretion of the judge. A judge may decide not to issue an order of non-disclosure, even if you are eligible.
Sealing of Juvenile Records
Depending on the particular disposition and nature of your case, these records can be sealed.
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