For many people, the most important outcome of a criminal case is what it leaves on their record. A dismissal is good. A dismissal followed by an expunction is better.
Expunction: erasing the arrest
An expunction is the best outcome in a criminal case. It is a legal process that removes the case from your record completely: the government agencies involved, including the court, the prosecutor and the jail, have to destroy their records of the arrest. After an expunction you can truthfully tell potential employers you were not arrested for that offense.
To be eligible, the case generally has to end in one of these ways:
- Dismissal, for example after your attorney shows the prosecutor weaknesses in the evidence;
- Not guilty verdict at trial; or
- Completion of a pretrial intervention program, which in Galveston County can lead to a dismissal and eligibility for expunction.
Why deferred adjudication is different
Deferred adjudication is a common plea option: you plead guilty or no contest, complete probation, and the case is dismissed. Many people assume that dismissal can be expunged. It can't. That is why it matters, at the very start of a case, whether the goal is pretrial intervention or deferred adjudication.
Nondisclosure: sealing the record
Some cases that cannot be expunged, including some deferred adjudication cases, may qualify for an order of nondisclosure, which seals the record from public view. Eligibility depends on the offense and how the case ended, and certain offenses, such as family violence offenses, are excluded.
Plan for the record from day one
The best time to think about your record is before you accept any offer. As former prosecutors, Brian Foley and Luis Baez know which resolutions lead to an expunction and which only look like they do.
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