Expunctions and Nondisclosures in Texas: How to Clear Your Record

An arrest or criminal charge does not have to define the rest of your life. Texas law provides two legal tools for clearing your record: expunction and nondisclosure. Understanding the difference between them, and knowing which one you qualify for, can open doors to employment, housing, and professional licensing that a criminal record would otherwise close.

This article explains both options in plain language so you can make an informed decision about your situation.

An expunction is the most complete form of record relief available in Texas. When a court grants an expunction, all records of the arrest, charge, and any related proceedings are physically destroyed or returned to you. Law enforcement agencies, courts, and state agencies must delete the records. After an expunction, you are legally entitled to deny that the arrest ever occurred.

Under Chapter 55 of the Texas Code of Criminal Procedure, you may be eligible for an expunction if:

• You were arrested but never charged. If the statute of limitations has expired or the prosecutor declined to file charges, you may petition for expunction after the applicable waiting period.
• Your charge was dismissed. If the case against you was dismissed, you may qualify for expunction, subject to waiting periods and other conditions.
• You were acquitted at trial. A not-guilty verdict entitles you to expunction.
• Your conviction was pardoned. A full pardon by the Governor of Texas or the President of the United States qualifies you for expunction.
• You completed a qualifying deferred adjudication for a Class C misdemeanor. Class C misdemeanors handled through deferred adjudication and dismissed are eligible for expunction.
• You were convicted of a qualifying juvenile offense and meet the statutory requirements.

Most convictions cannot be expunged in Texas. If you were convicted of a misdemeanor or felony and did not receive a pardon, expunction is generally not available. Deferred adjudication for offenses above a Class C misdemeanor does not qualify for expunction -- it may qualify for nondisclosure instead (discussed below).

Even when you qualify for expunction, Texas law imposes waiting periods before you can file:

• Class C misdemeanor: 180 days from the date of arrest
• Class A or B misdemeanor: 1 year from the date of arrest
• Felony: 3 years from the date of arrest

These waiting periods apply when no charges were filed. If charges were filed and then dismissed, different rules may apply depending on the circumstances.

A nondisclosure (also called an "order of nondisclosure") is a court order that seals your criminal record from public view. Unlike an expunction, the records are not destroyed -- they still exist and can be accessed by certain government agencies and law enforcement. However, private employers, landlords, and the general public cannot see them. After a nondisclosure, you are generally permitted to deny the existence of the sealed record when asked by private parties.

Nondisclosure is available primarily to people who completed deferred adjudication community supervision (deferred adjudication probation) and had their case dismissed. Under Chapter 411 of the Texas Government Code, you may petition for nondisclosure if:

• You successfully completed deferred adjudication
• Your case was dismissed and discharged
• You have waited the applicable waiting period
• You are not disqualified by the nature of your offense

• Most misdemeanors: Eligible immediately upon discharge and dismissal (no waiting period)
• Some misdemeanors (including assault causing bodily injury, deadly conduct, terroristic threat, and others): 2-year waiting period after discharge
• Most felonies: 5-year waiting period after discharge

Texas law permanently bars nondisclosure for certain offenses, regardless of how the case was resolved. These include:

• Any offense requiring sex offender registration
• Murder and capital murder
• Aggravated kidnapping
• Trafficking of persons
• Injury to a child, elderly person, or disabled person
• Abandoning or endangering a child
• Stalking
• Family violence offenses (in most circumstances)
• Any offense where the victim was a minor

If your offense falls into one of these categories, nondisclosure is not available.

Texas law also allows certain people who were convicted (not just deferred) of a misdemeanor to seek nondisclosure, provided:

• It was a first-time misdemeanor conviction
• You were not convicted of certain disqualifying offenses
• You completed your sentence (including any probation or jail time)
• You have no prior convictions or deferred adjudications

This is a relatively new avenue for record relief and has specific eligibility requirements. An attorney can evaluate whether your conviction qualifies.

A criminal record -- even an arrest that never led to a conviction -- can affect:

• Employment. Many employers conduct background checks. An arrest record can disqualify you from jobs even if you were never convicted.
• Professional licensing. Nurses, teachers, attorneys, contractors, and many other licensed professionals must disclose criminal history. A sealed or expunged record may not need to be disclosed.
• Housing. Landlords routinely run background checks. A criminal record can prevent you from renting an apartment.
• Immigration. Non-citizens should consult an immigration attorney before pursuing any record relief, as the immigration consequences of criminal records are complex and fact-specific.
• Education. Some colleges and universities ask about criminal history on applications.

Both expunctions and nondisclosures require filing a petition in the appropriate court, serving notice on the relevant agencies, and attending a hearing. The process is not automatic -- you must take affirmative steps to pursue relief.

An experienced criminal defense attorney can:

• Evaluate whether you qualify for expunction or nondisclosure
• Identify the correct court and filing requirements
• Prepare and file the petition
• Serve all required agencies
• Represent you at the hearing
• Follow up to confirm that agencies have complied with the order

Attempting to navigate the process without an attorney is possible but risky. Errors in the petition, missed agencies, or procedural mistakes can delay or defeat your request.

Todd Rash has helped clients throughout North and Central Texas clear their records through expunction and nondisclosure. If you have an arrest, charge, or deferred adjudication on your record, call (817) 808-2247 for a free consultation. Todd Rash will review your history, tell you what relief is available, and guide you through the process.

You served your time. Your record should not hold you back forever.