A criminal record, even for a minor charge, can feel like a life sentence. It can block employment, housing, and educational opportunities long after you’ve completed your sentence. However, Texas law provides two powerful legal tools to clean your record: an expunction and an order of nondisclosure.
While both aim to give you a fresh start, they function in fundamentally different ways. Choosing the wrong path, or mishandling the process, can waste thousands of dollars and leave your record exposed. Understanding the distinction is the first step to reclaiming your reputation and your future.
A person’s hands shredding a criminal record document, symbolizing the clean slate offered by expunctions and nondisclosures.
Don’t let a past mistake define your future. Texas law provides paths to seal or destroy your criminal record.
What is an Expunction (Expungement)?
An expunction is the most powerful remedy available. It is not just about sealing your record; it’s about destroying it.
When a record is expunged, the court orders all law enforcement agencies, courts, and jails to destroy their files and records related to your arrest and case. Once the process is complete, you can legally deny that the arrest ever occurred. For all intents and purposes, it is erased from existence.
You may be eligible for an expunction if:
- You were acquitted of the charges.
- The charges were dismissed without probation.
- You were arrested but never formally charged (and the statute of limitations has expired).
- You received a full pardon based on innocence.
- You successfully completed a pretrial diversion program (depending on the program’s terms).
An expunction is your right if you are truly innocent of the charges or the case was dropped. It is the ultimate clean slate.
What is an Order of Nondisclosure?
An order of nondisclosure is different. It does not destroy the record. Instead, it seals it from public view.
Once a nondisclosure is granted, most private entities—like employers, landlords, and background check companies—cannot access the record. However, the record still exists. Certain government agencies, including law enforcement and licensing agencies for certain professions (like law, medicine, and education), can still see it.
Think of it this way: An expunction sets a fire to the file. A nondisclosure locks the file in a government vault.
You may be eligible for a nondisclosure if:
- You successfully completed deferred adjudication probation for most offenses.
- You were convicted of certain low-level misdemeanors and have satisfied the mandatory waiting period.
The Critical Difference Between an Expunction and a Nondisclosure
| Feature | Expunction | Nondisclosure |
|---|---|---|
| Result | Records are destroyed | Records are sealed from the public |
| Legal Denial | You can legally deny the arrest ever happened | You generally do not have to disclose it, but cannot deny it under oath in certain legal proceedings |
| Government Access | Records no longer exist for anyone | Certain government and state licensing agencies retain access |
| Eligibility | Limited to specific, favorable case outcomes (acquittal, dismissal, no charges filed) | Broader eligibility, often after completing deferred adjudication |
| The “Hammer” | The most powerful and complete remedy | A powerful tool, but with limitations |
The One Major Exception: When You Can NEVER Seal Your Record
It is crucial to understand that some charges make you permanently ineligible for both an expunction and a nondisclosure.
Most notably, if you received deferred adjudication for an offense involving family violence, you are barred by law from obtaining a nondisclosure. This is a permanent stain on your record. This makes the initial defense against a family violence charge even more critical, as a plea deal to deferred adjudication will still carry lifelong consequences.
The Complicated Path to a Clean Record
The process for obtaining an expunction or nondisclosure is not simple. It is a formal legal proceeding that requires:
- Filing a Petition: A detailed legal document must be filed in the correct court.
- Providing Notice: All relevant agencies that hold your records must be formally notified.
- A Court Hearing: A judge must review the petition and sign an order.
- Serving the Order: The signed order must be delivered to every agency so they can comply.
One missed deadline, one incorrect form, or one agency overlooked, and the entire process can fail. This is not a DIY project.
Expunctions & Nondisclosures: FAQs
How long does the process take?
From start to finish, it typically takes several months. The timeline depends on the court’s docket and the efficiency of the various agencies in processing the order.
Can I get a nondisclosure if I was convicted and did jail time?
For certain low-level misdemeanors, yes, but you must wait. Texas law has a mandatory waiting period (typically 2-5 years after completing your sentence) before you can even apply.
What is the biggest mistake people make?
The biggest mistake is assuming all charges can be cleared. Many serious offenses are not eligible. The second biggest mistake is trying to navigate the complex legal process without an attorney, resulting in a denied petition and wasted time and money.
Plano Expunction and Nondisclosure Attorney
At Starr Law, P.C., we don’t just defend you in court; we help you rebuild your life after the case is over. Our vast experience with the complex paperwork and strict procedures for expunctions and nondisclosures ensures your petition is handled correctly the first time.
We will first conduct a thorough analysis of your criminal history to determine exactly what you are eligible for. Then, we manage the entire legal process from start to finish, dealing with the courts and state agencies on your behalf. We fight to give you the true second chance you deserve.
Don’t let a past arrest or conviction continue to hold you back. The door to a cleaner future is open.
Contact Starr Law, P.C. today for a confidential consultation to review your record and your options. Call us at 214-982-1408.
References
- Texas Code of Criminal Procedure, Chapter 55. Expunction
- Texas Government Code, Chapter 411. Order of Nondisclosure
