The podcast features an interview with Michael Aaronson, an attorney with the Aaronson Law Firm based in El Paso, Texas. The primary focus of the discussion is the legal process of criminal expunctions and orders of non-disclosure. Aronson explains the vital importance of clearing one’s criminal record in the modern era, noting that background checks are standard procedure for employment, apartment rentals, and credit reports. With the rise of technology making personal data easily accessible, Aaronson argues that individuals with past criminal episodes should utilize these legal tools to prevent past mistakes from hindering their future opportunities.

Expunctions vs. Orders of Non-Disclosure Aaronson provides a clear distinction between the two primary methods of clearing a record in Texas:

1. Expunction: Described as the “great deal” and the optimal outcome, an expunction results in the total erasure of all records associated with an arrest and case. This includes records held by the police, the courts, and the Sheriff's department. Once an expunction is granted, the individual is legally permitted to deny that the criminal event ever occurred. It allows for the destruction of records and prohibits their release.
2. Order of Non-Disclosure: Aaronson describes this as the “next best thing” to an expunction. While it does not result in the destruction of records, it effectively seals them from the general public. However, Aaronson notes that there are numerous exceptions to who can view these sealed records. For example, state licensing agencies (such as those governing body or the Bar Association) retain access to these records even after an order of non-disclosure is granted.

If both elements are present, an expunction is generally impossible. Consequently, Aaronson stresses the importance of legal strategy during the initial criminal case. He advises that attorneys must do everything possible to prevent a case from resulting in a conviction to preserve the client's future right to an expunction.

Legal Strategies and Deferred Adjudication To avoid convictions, Aaronson discusses several legal avenues. These include “deferred adjudication,” where the litigation of the crime is delayed or sidetracked, and various plea agreements. He mentions that for offenses like DWI, it is sometimes possible to negotiate with the District Attorney (DA) to place the client in a program involving internet classes or pre-trial diversion. If successful, these programs can sometimes allow for an immediate expunction without the standard waiting periods.

Aaronson Law Firm critiques attorneys who fail to explore these options, noting that some lawyers opt for the easiest path to collect their fee rather than investigating creative solutions that protect a young client’s long-term record. He highlights that most DAs are reasonable and open to creative proposals if presented effectively.

Timelines and Process The interview covers the procedural timeline for filing for an expunction. Generally, an individual must wait for the statute of limitations to expire (e.g., two years for a DWI) before applying. However, participation in specific diversion programs can sometimes accelerate this to be immediate. Aronson clarifies that there is no upper time limit on applying; a client can request an expunction 20 years after the fact, provided they are legally entitled to it.

Aaronson Law Firm
Phone 915-533-0110
Address 7362 Remcon Cir, El Paso, Texas 79912
Website: https://aaronsonlawtx.com/