Expunctions and Nondisclosures in Temple, Texas
Attorney Frank Cimino · Serving Temple, Bell County and Central Texas
An arrest or criminal case can show up on background checks long after it’s over. Texas offers two ways to limit that damage: expunctions and orders of nondisclosure. Attorney Frank Cimino can review your record and tell you whether you qualify.
Expunction
An expunction erases the records of an arrest or charge, and once it’s granted you can generally deny that the arrest happened. You may be eligible if you were acquitted, if your case was dismissed and certain conditions are met, if you completed deferred adjudication for a Class C offense, or if you were pardoned.
Order of Nondisclosure
An order of nondisclosure seals your criminal record from the public, including most employers and landlords, while law enforcement and certain licensing agencies can still see it. It is most often available after successfully completing deferred adjudication, and some first-time misdemeanor convictions, including certain DWIs, may also qualify after a waiting period. Some offenses, including family violence and offenses that require sex offender registration, are not eligible.
How We Help
- Review your criminal history and case outcome
- Determine whether you qualify and when
- Prepare and file the petition
- Represent you at the hearing, if one is required
- Make sure the order is sent to the agencies that hold your records
This is one part of Frank’s criminal defense practice, which also includes DWI, assault, and other misdemeanor and felony cases.
Clearing Your Record in Bell, Coryell and McLennan Counties
Frank files expunctions and petitions for nondisclosure in Bell, Coryell and McLennan counties. An expunction petition is generally filed in a district court in the county where you were arrested, such as the district courts in Belton for arrests in Temple or Killeen. A petition for nondisclosure is usually filed in the court that handled your case. After the order is signed, it is sent to the agencies that hold your records, including the police department, the sheriff’s office and the Texas Department of Public Safety.
How the Process Works
Frank first gets your criminal history and court records to confirm what happened in each case and which remedy you qualify for. He then prepares the petition, lists every agency that must be notified and files it with the court. Prosecutors are given notice and may agree or object. Many cases are decided without a contested hearing, but some require one.
The process usually takes several months from filing to final order. Once the order is signed, agencies have time to comply. It is worth checking private background-check companies afterward, because some keep old data until they are told to remove it.
Expunction and Nondisclosure Questions and Answers
What is the difference between an expunction and a nondisclosure?
An expunction destroys the records of an arrest, as if it never happened. A nondisclosure seals the records from most employers and the public, but law enforcement, certain licensing agencies and some others can still see them.
Can I clear a DWI from my record?
A DWI conviction generally cannot be expunged. However, some first-time DWI cases may qualify for nondisclosure after a waiting period if certain conditions were met. A DWI arrest that was dismissed may qualify for an expunction.
I completed deferred adjudication. Is my record clear?
Not automatically. Completing deferred adjudication means you were not convicted, but the arrest and case still appear on your record until you get an order of nondisclosure.
How long do I have to wait?
It depends on the offense and how the case ended. Some people can file immediately, while others must wait from one to five years. Frank can check your dates and tell you when you qualify.
Do I have to go to court?
Often not. Many petitions are granted without a contested hearing, but if a hearing is set, Frank will attend with you and explain what to expect.
Want a Clean Record? Talk With Frank.
Call (254) 220-4096 or send us a message to talk with Attorney Frank Cimino about your case. Office: 704 North 3rd St., Temple, TX 76501.
This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.