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Expunction vs. nondisclosure in Texas

Which one fits depends on how your case ended.

Published · Texas Criminal Defense Attorneys PLLC

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

Texas expunction and nondisclosure compared
ExpunctionOrder of nondisclosure
What it doesRecords are destroyed or returned; the arrest is treated as if it did not occurRecords are sealed from the public; criminal justice agencies can still see them
Typical casesAcquittals, pardons, dismissals, no-bills, completed pretrial diversion, Class C deferredCompleted deferred adjudication; some first-time misdemeanor and DWI convictions
Waiting periodDepends on how the case ended and its levelNone to 5 years, depending on the offense
Who can see afterwardGenerally no one, through official recordsLaw enforcement, courts, prosecutors, certain licensing agencies
Not available forConvictions (except Class C deferred and pardons) and most probation outcomesFamily 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?

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?

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

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.

Do not wait for your court date to get help. Call (214) 239-2013.

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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.

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