FAQs about expunctions and non-disclosures

1. How can I know if it is possible to keep or get something off my record? 

That depends on a number of factors: how serious the alledged offense is, what kind of prior offenses an individual has, etc...

2. Is Simpson, Foster & Gold able to handle expunctions or non-disclosures?

Yes.

3. Is a clean record more important now than in the past?

Yes.  The reason is background checks. Many employers, apartment complexes and others use background checks on prospective employees or residents. People often find out a case that was resolved long ago that they weren’t even convicted on is still haunting them.

4. I wasn’t convicted of anything!  I don’t have to worry, right?

Wrong. Even an arrest shows up. People think that just because they won their case or received deferred adjudication that police can’t tell or employers can’t tell. That’s wrong. Many employers don’t want to hire someone with even an arrest. Not when there are applicants with clean records.

5. What can be done to clean a record?

Two things. The first is called an expunction. An expunction wipes a case off of the record completely. As if it never happened. The police, District Attorney, DPS, San Antonio police Department, etc... receive a court order to destroy all the files related to the case. The files are literally destroyed.

6. Is everyone eligible for expunction?

No. There are certain circumstances and certain cases where someone can receive this... which wipes the slate clean. The factors and situations are complex and there are certain crimes that you can receive it and others that you can’t. It is important to make sure you know your rights and the legal consequences of anything you do in court. Its another reason you need to make sure you have a knowledgeable lawyer that cares about you and your case.

7.  If an employer, police officer, etc… asks me if I’ve received an expunction or been arrested do I have to tell them? 

No.  You are legally entitled to state it never happened.  An expunction completely clears your record.  At Simpson, Foster & Gold we will give you a copy of the law which states this so you can be sure and confident.  It sounds too good to be true… but it isn’t.

If somebody doesn’t know if they are eligible for something like this, can they call Simpson, Foster & Gold at 210-222-1200? Yes.  We understand the importance of a clean record and often can answer questions on the phone.

8. What if I’m not eligible for an expunction?

Is there anything else that can be done? Yes. Some people that are not eligible for an expunction are still eligible for what is called non-disclosure. Basically, non-disclosure means that the government will not tell someone outside of Government about someone’s record. This can be very important. In some cases, it can change someone’s life.

9. How can getting a non-disclosure change my life?

It can be the difference between getting a job, getting a promotion, keeping a job or qualifying for a mortgage. It the difference between making a good or a bad impression every time someone does a background check...