Frequently Asked Questions

How much does this service cost?

Depending on the court, the total price of an expunction or order of non-disclosure is between $1,300 and $2,500. This price includes nearly $500 in filing fees, agency notification fees, court order certification fees, and certified mailing fees. If an attorney is quoting you a price of $900 for an expunction, then ask that attorney if their price includes every single possible fee that might arise, or if you the client are expected to pick up that additional tab. Here at The Law Office of David Thomas, there are no surprises and there are no additional fees. If a surprise arises, we pay for it ourselves. Another concern with the low-cost lawyer should be whether they handle many expunctions or non-disclosures in their practice. Often attorneys who don't practice in this area of law are not familiar with the fees involved and they can't give an accurate price to a spur-of-the-moment inquiry. Over 90% of our practice at The Law Office of David Thomas is in expunction and non-disclosure. We are true expunction attorneys.

Who qualifies for expungement?

In Texas, you probably qualify for expungement if you have been arrested but not charged or if your case was dismissed for lack of probable cause, insufficient evidence or unavailable witnesses. If a grand jury "no bills" an indictment against you or you are acquitted with a "not guilty" by a judge or jury you may also qualify. Those who successfully complete a deferred adjudication for a Class C misdemeanor are also eligible. Those who plead guilty to a Class C misdemeanor alcohol crime may be eligible. All other cases in which there is a finding of guilt do not qualify for expungement.

Who can get an Order of Non-Disclosure?

Most people who have successfully completed a deferred adjudication can have their record sealed with an Order of Non-Disclosure. For felonies, there is usually a waiting period, however. Some felony charges including sexual assault, indecency with a child, endangering a child, murder and others can never be sealed.

What is the difference between expungement and non-disclosure?

With an expungement, all records of your case are destroyed and cannot be used against you in the future. An Order of Non-Disclosure effectively hides your record from the public by preventing law enforcement agencies from disclosing the offense. Certain government agencies can still access the information, however, and it can be used against you in subsequent prosecutions.

Will my record show up on a background check?

No. If your record is either expunged or sealed, it will not show up on a public background check.

Can I deny I was arrested or charged?

You may deny the arrest and any subsequent court proceeding in most circumstances including on housing applications, employment applications, applications for education institutions, etc. If the record is sealed, you cannot deny the incident under oath. If the record is expunged, you cannot deny the incident in court proceedings related to the arrest that as been expunged.

For more answers to your questions or to discuss your eligibility for expungement or non-disclosure, contact our attorneys at The Law Office of David Thomas.