Expunge and Seal your Record
Expungement VS Sealing your record which one is better.
September 26, 2004
Sealing a record is often confused with expungement. The term
sealing, when relating to deferred adjudication in Texas, applies
to one instance
of a deferred adjudicated charge that did not result in a conviction
and for which the case was dismissed. Sealing a record means that
you can have the record sealed from public inspection. In Texas you
have to wait 10 years after your case was dismissed for Felonies
and 5 years for Misdemeanors so that you can seal your record.
After you seal your record there will still a record that is available
for private inspection by a state agency or an exempt entity. It
does not mean that your record will remain sealed because your record
is still available the Texas legislature. The danger is that during
the course of a subsequent Texas session a bill can be authored to
unseal everyone’s record.
Expungement is more than a sealing, an expungement means that your
record is completely destroyed. Having no record would solve many
of the problems that people have in finding employment and housing.
Currently it is not possible to get an expungement for charges resulting
in deferred adjudication.
I have established a personal goal to ask legislators that deferred
adjudications be eligible for sealing immediately upon the date of
completion of community supervision period, and that expungement
be allowed 5 and 10 years after the date of dismissal for misdemeanors
and felonies respectfully. Hopefully with enough involvement from
affected individuals the law will change to allow for eventual expungement
of a record that did not result in a conviction such as in the case
of a deferred adjudication.
Question: What if my record is obtained by someone after my
order of Nondiclosure?
If someone gets a copy of your record after your order of Non Disclosure
has been filed you should contactwith your lawyer. You may be able
to sue the person for intentionaly gaining
to a record that has been ordered nondisclosed.
Any adverse decision
or action with respect that person's "Non Disclosed" putative public
record of criminal proceedings (apart from traffic offenses)
may subject the person or entity taking such action
to potential legal liability under any applicable state and federal
In order to properly prepar to initiate a civil suit against a company
that deny's you employment based on having a Non Disclosed record
1. Explain to the person or entity that an order of nondisclosure
means that certain individuals should not have access to those
of a judicial order.
2. Explain that there are consequences for obtaining information
in an unauthorized manner. Present a copy of Texas Goverment Code
3. Proceed to get the name of the violator including Address
and Phone number where he can be reached.
4. Review Texas
Goverment Code 411.085.00 and contact
your personal injury lawyer. Personal injury lawyers should
be able to review the facts and tell you if you have a case.
Christian T Souza Attorney At Law.
April 18, 2004
You may have heard the name; he recently attended
Dallas Meeting. He is serous in helping people
with deferred adjudication
as much as he can. He has even written and published articles in
am major Legal news letter The Voice for the Defense. Chris
backs up what he says with an impressive grasp of the issues regarding
Chris Writes the following.
"I. RESTORING THE BENEFITS
The benefit of a deferred adjudication “dismissal” waned
as information technology advanced.1 Many defendants responded
by seeking expunctions or pardons. They were told that a deferred
is not subject to expunction because it involves probation2 and
that a pardon is unavailable when there is no “conviction.”.
Certain defendants may now obtain an order to seal court and
law enforcement records reflecting their successful deferred
probations.4 The relief should be welcome news to the hundreds
of thousands of felony defendants5 and to millions of misdemeanor
who resolved and will resolve their cases by deferred adjudication."
How to get your records sealed.
January 31, 2004
I am not a lawyer, but Non Disclosure is not good enough, if the
law changes and mandates that our record be made public again then
those of you who are given ND will have wasted your time in sealing
Warning: Non Disclosure
is (not!) a
solution to this problem. What we need is a full expungment of these
records, not a (band-aid) solution
like non-disclosure. Your record will still be there, available to
Police, Schools, Banks, Insurance Agencies, Licensing boards, Certain
Apartments, to the Heath Care industry, and other public and private
entities. Even with a granting of Non Disclosure, do you really trust
Texas to seal your record? Remember this wonderful law of ND is from
the same people who told you that Deferred adjudication was not a
conviction, so why do we even need the order of ND?
If you think there is still more to do then click here.
Because many of you are not familiar with the courts I urge that
none of our readers try to file this petition without proper legal
representation. It is strongly recommended.
Here are the links so that you can file your order of ND.