Issues relating to Expunctions in Texas
There is a common misconception among people regarding what charges may be expunged from one's criminal record. It is important to know the collateral consequences to one's record before accepting a plea bargain in a criminal case.
Deferred probationMany people assume that entering in to a plea agreement for a "deferred probation" means that one can have one's record expunged after completing the deferred probation. This is not the case in Texas. Upon completion of a deferred adjudication in Texas one can apply for a non-discolsure which limits who will have access to records relating to that deferred offense. The case is dismissed and one can list no conviction arising from the arrest, but the arrest will remain on one's record. It cannot be expunged after completing a deferred probation.
Pre-Trial diversionPre-trial diversion is a method that can allow one to expunge all records relating to an arrest and successful completion of a pre-trial diversion plea agreement. PTI (pre-trial diversion) is similar to deferred in that once one completes the probation the case is dismissed (or not filed in some cases), however, unlike deferred a PTI does not preclude one from truly erasing the records relating to the incident that landed one in court in the first place.