If an individual faces criminal charges after an arrest, his or her permanent record may suffer a lasting change. Without a process called deferred adjudication, a person who is charged with a crime may have a permanent change made to their criminal record, which remains visible forever. However, sometimes a court can give an individual facing criminal charges the option of deferred adjudication. This process means that a person who is facing criminal charges has a certain amount of time to perform community service, or any assignment ordered by the court, in order to avoid a criminal conviction. The person undergoing the deferred adjudication process will also serve a probationary period, in which no criminal activity is allowed. After this, if the individual serves his or her probation and performs all adjudication assignments within the deferral period, his or her record may be expunged of a crime he or she was charged with.
Non-disclosure references a person’s ability to apply for a permanent sealing of his or her permanent record, which means that the charges he or she faced in the past are not visible. Clearly, if a person was never convicted of a crime, he or she probably does not want that crime publicly visible, so a non-disclosure agreement can be extremely beneficial to someone in such a position.
Qualifying for Non-Disclosure
Every case of criminal charges is handled on an individual basis, but there are some basic qualifications that must be met in order for a person to be eligible for non-disclosure. These include:
1. Individual receives adjudication.
2. Individual completes (successfully) probation period.
3. Individual has no citations during probationary period.
Non-disclosure can be helpful for a person who is facing the consequences of charges of a criminal action, but it’s also important to remember that this does not mean that a permanent record is forever sealed to everyone; just the public. Law enforcement and other interested entities can still access the information of a charge against an individual, even if he or she was awarded non-disclosure, and this information can also be used in future criminal proceedings.
If you or someone you know has need of legal representation for an expungement case or a request for non-disclosure, contact an experienced Dallas expungement lawyer today to discuss your options.