i was pulled over back in 2000,2001 and they put two cases on me. I did deferred and got done with everything but i cant find a job. lawyers talking about 2500 to 5000 thousand for expungment
An expunction orders your records to actually be destroyed, while a nondisclosure orders your records to be sealed for most purposes (they'd still be available to law enforcement and certain state regulatory agencies). They're not at all interchangeable, an apply to different case dispositions. Basically, an expunction's only available where the arrest did not result in any kind of conviction or probation, whereas an order of nondisclosure is available only for cases where the petitioner served out a deferred adjudication probation and ended up with the case dismissed. For felonies, there's a five year waiting period to apply after you get done with probation (so if your case wasn't dismissed before March 2007, you'd have to wait to apply).
There are also a few other things that would disqualify you from being eligible to apply for an order of nondisclosure, the most common of which are having any kind of family violence conviction or deferred adjudication anywhere in your background and having picked up any new conviction or deferred for anything beyond a Class C traffic offense during the fuve year waiting period. If you're interested in getting your cases nondisclosed and think you'd be eligible, you're welcome to contact me (click on my name to get my contact information). I can normally handle nondisclosure cases statewide, since a hearing is seldom needed when the basic eligibility requirements are met, and I don't charge anything like $2500-$5000 for these (though I have a feeling those rates were intended to apply to expunctions, which can be a bit more complex).
An order of expunction results in the "destruction" of all references to and records of the case from known public records. The district clerk will send a copy of the order of expunction to the Texas Department of Public Safety (the "DPS") and to any other governmental agencies or entities listed in the petition for expunction with an instruction that the records subject to the order are to be “erased” or returned to clerk's office for her to “destroy.” The DPS also requests that any federal depository, such as the FBI, return or “destroy” any records in their possession.
In contrast, an order of nondisclosure requires the DPS to sends a copy of the order to all government agencies that possess the records with an instruction to "seal" the records, but not to “destroy” them. The government agencies may not release the "sealed" records to the general public but may be required to provide the records to other state agencies or entities. Also, the "sealed" records from an order of nondisclosure may still be used against an individual in a subsequent Texas criminal prosecution.
More importantly, with respect to private entities, such as PublicData.com, etc., that are believed to have records of the arrest in their possession, both an order of expunction and an order of nondisclosure will instruct these types of entities to "destroy" their records.
If both of the charges you listed were Class C misdemeanors, an expungement may be possible. If you received "deferred adjudication" for a Class A misdemeanor, Class B misdemeanor, or felony charge, you may still be eligible to have your records "sealed" through an order of nondisclosure. Lastly, $2,500 to $5,000 to expunge or seal two (2) arrests seems excessive, especially if the arrests occurred at the same time or in the same county. I hope this helps!
Disclaimer: The information you obtain at Avvo is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
In this circumstance, you would prefer that these records by expunged. It is unlikely that you could have the records sealed, and even if you were successful, it would be possible for a Motion to Lift or Unseal the records be filed. And would likely be successful given Rule 176a's presumption against sealing court records. Good luck.
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