Expunction and Non-Disclosure

Expunction: If you have been arrested in san Antonio or the surrounding area, and the charges against you have been dropped, you have been acquitted, or you have completed deferred adjudication on a class C misdemeanor, you may have the right to have the arrest and charge expunged, or erased, from your criminal history.  This can be immensely helpful to you in the future, as many employers today will do a criminal background check on you to see if you will be a good candidate for a position, and there is a chance that an arrest will keep you from being considered.  You deserve to have a clean record if you beat the charges against you, don’t let that arrest stop you from moving on with your life.   Call me today to see if you qualify for an expunction, your first consultation is free.

Non-Disclosure:  One of the most common questions that I get from my clients is  “what is the difference between probation and deferred adjudication?” The truth is that they look very similar in practice, but there are some benefits and downfalls to each. 

Imagine that there is an umbrella called “community supervision”.  Under this umbrella are two separate programs, probation and deferred adjudication.  Both require you to meet with a community supervisor, both are in lieu of a prison sentence, and both will be laden with various requirements like classes and community service hours.  Here is where the similarities end, however. 

With Probation, your record will show that you were convicted of the offense, and there is no clear way around that.  If you fail to complete the terms of your probation, or if you pick up another charge, the probation department will file a motion to revoke your probation.  This could result in you serving the remainder of your sentence in jail, or perhaps having your probation extended with extra terms tacked on.

With Deferred Adjudication, the judge will hold off on finding you guilty until you complete the term of your community supervision.  When you complete the term successfully, your record will show that the charge has been dismissed through deferred adjudication.  Don’t be fooled into thinking that this is the same as a dismissal, people searching your record will know that you accepted a plea deal.  The benefit of deferred adjudication is that, in many situations, you will be able to get what is called an order of non-disclosure.  This is the next best thing to an expunction, and will hide your conviction from most people searching your criminal history.  While there are still a list of state agencies and other employers who will be able to see your arrest even if you go through the non-disclosure process, the vast majority of private employers will not.  If you are interested in finding out if you qualify for non-disclosure, contact our offices for your free consultation today.


Shawn Smith is an experienced Criminal Defense attorney serving the counties of Bexar, Guadalupe, Hays, Comal, Wilson and more.  Call today for your free consultation, available nights and weekends for your convenience.



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