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Expunction vs. nondisclosure in Texas
Which one fits depends on how your case ended.
Short answer: If your case was dismissed, you were acquitted, or it was a Class C deferred case, look at expunction, which destroys the records. If you completed deferred adjudication, look at an order of nondisclosure, which seals the records from the public.
Expunction
An expunction orders agencies to destroy records of the arrest. After an expunction, you can generally deny that the arrest happened. Waiting periods may apply to dismissed cases.
Nondisclosure
An order of nondisclosure stops courts and the Department of Public Safety from releasing the records to the public. Law enforcement, and some licensing agencies, can still see them.
Who cannot get nondisclosure
Some offenses are not eligible, including family violence offenses and offenses that require sex offender registration.
Next step
Bring your case number or the paperwork from your case. See expunction and nondisclosure.
Expunction vs. nondisclosure at a glance
| Expunction | Order of nondisclosure | |
|---|---|---|
| What it does | Records are destroyed or returned; the arrest is treated as if it did not occur | Records are sealed from the public; criminal justice agencies can still see them |
| Typical cases | Acquittals, pardons, dismissals, no-bills, completed pretrial diversion, Class C deferred | Completed deferred adjudication; some first-time misdemeanor and DWI convictions |
| Waiting period | Depends on how the case ended and its level | None to 5 years, depending on the offense |
| Who can see afterward | Generally no one, through official records | Law enforcement, courts, prosecutors, certain licensing agencies |
| Not available for | Convictions (except Class C deferred and pardons) and most probation outcomes | Family violence, offenses requiring sex offender registration and other listed offenses |
When is expunction available after a dismissal?
If no charge was filed, or if a charge was dismissed, expunction is often available after the statute of limitations expires or after waiting periods based on the level of the arrest. Completed pretrial diversion programs commonly lead to expunction eligibility. Because the rules are detailed, each case should be checked against the current statute in Code of Criminal Procedure chapter 55A.
When is nondisclosure available?
- Deferred adjudication: many misdemeanors immediately after discharge, some misdemeanors after 2 years, and felonies after 5 years (Government Code 411.0725).
- Automatic nondisclosure: for certain first-time misdemeanor deferred adjudications, the court issues the order without a petition (411.072).
- First-time misdemeanor convictions with community supervision: may qualify under 411.073.
- First DWI: special rules under 411.0726, 411.0731 and 411.0736. See can a DWI be sealed.
What about private background check companies?
After an order is signed, agencies update their records. Private companies may have collected information earlier. Keep a certified copy of your order so you can show it to a background screening company or an employer if old information appears.
How long does the process take?
It varies by court and by whether the prosecutor opposes the petition. Expect several weeks to several months from filing to a signed order, and additional time for agencies to update records.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
What about acquittals and pardons?
A person who is acquitted at trial is generally eligible for expunction of that arrest without a waiting period, unless the arrest was part of a criminal episode that led to another conviction. A person who receives a pardon may also be eligible. These are the most straightforward expunction cases.
What if someone else used my name?
Texas law provides an expunction path for a person who was arrested solely as a result of identifying information that was used by another person without authorization. If your identity was used in an arrest, keep police reports and identity theft documentation.
What about juvenile records?
Juvenile records follow different rules under the Family Code, and some are sealed automatically. See juvenile defense.
Does an expunction restore firearm rights or erase a federal record?
An expunction removes Texas records of the arrest. Federal agencies are notified through state records, but federal rules on firearms and other matters depend on the specific outcome. Ask about your situation before relying on an order for a federal purpose.
Key terms
- Expunction
- A court order that requires records of an arrest to be destroyed or returned.
- Order of nondisclosure
- A court order that seals criminal records from the public, though criminal justice agencies can still see them.
- Deferred adjudication
- Supervision without a finding of guilt; if completed, the case is dismissed.
- Community supervision
- The Texas term for probation.
- No-bill
- A grand jury decision not to indict.
Common mistakes to avoid
- Talking about the facts with police, friends or on social media
- Missing a court date or a bond condition
- Assuming the case will be dropped without action
- Waiting until the last minute to gather records and witnesses
Common questions
Does nondisclosure erase my record?
No. It seals the record from the public. Law enforcement and some agencies can still see it.
How long do I have to wait for nondisclosure after deferred adjudication?
It depends on the offense: no wait for many misdemeanors, 2 years for some, and 5 years for felonies.
Which is better, expunction or nondisclosure?
Expunction is broader because records are destroyed. Nondisclosure only seals records from the public. Which one is available depends on how the case ended.
Can I get a deferred adjudication expunged in Texas?
Generally not, except for Class C deferred. Completed deferred adjudication usually qualifies for nondisclosure instead.
How much does an expunction cost in Texas?
Court filing fees vary by county, and there may be fees for serving agencies. Attorney fees are separate.
Can I get an expunction after pretrial diversion?
Completed pretrial diversion commonly leads to expunction eligibility, subject to the statute.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.