A criminal record follows you in ways that most people do not fully anticipate — job applications, housing, professional licenses, college admissions, and more. In Texas, two forms of relief exist that can either destroy a criminal record entirely or seal it from public view: expunction and non-disclosure. Understanding which one you might qualify for — and when — can significantly change your future.
Expunction vs. Non-Disclosure — Two Very Different Outcomes
Many people use the term "expungement" loosely to mean any form of record clearing. In Texas, there are two distinct forms of relief with very different effects and eligibility requirements.
- All records of the arrest and charge are physically destroyed
- You can legally deny the arrest ever happened
- Police records, court records, and most background check databases are cleared
- Available after dismissal, acquittal, or no charges filed
- Generally NOT available after a conviction or deferred adjudication
- Records are sealed from public view — not destroyed
- Private employers and the general public cannot access the record
- Government agencies, law enforcement, and licensing boards can still see it
- Available after successfully completing deferred adjudication
- Not available for certain serious offenses
Who Qualifies for Expunction in Texas?
Texas Code of Criminal Procedure Article 55.01 governs expunctions. The eligibility rules are specific — and the most common misconception is that completing probation or deferred adjudication makes you eligible for expunction. In most cases, it does not.
- Dismissal by the prosecutor
- Acquittal — a not guilty verdict at trial
- No charges filed after arrest
- Conviction that was later reversed on appeal
- A full pardon from the Governor of Texas or the President
- A finding of actual innocence
- Certain Class C misdemeanor completions (after waiting period)
- You pleaded guilty or no contest and were convicted
- You completed deferred adjudication community supervision (in most cases)
- You were placed on regular probation and completed it
- The case is still pending
- You have a conviction for any other offense arising out of the same criminal episode
Deferred adjudication is not expunction eligible in most cases. This surprises many people. Completing deferred adjudication means no conviction on your record — but the arrest and the deferred adjudication itself still appear. The path to record relief after deferred adjudication is non-disclosure, not expunction — and not all offenses qualify.
Waiting Periods for Expunction
Even when expunction is available, there are waiting periods before you can file. Texas requires you to wait before filing an expunction petition to ensure the prosecution has had the opportunity to file charges:
- Class C misdemeanor: 180 days from the date of arrest
- Class B or A misdemeanor: 1 year from the date of arrest
- Felony: 3 years from the date of arrest — or until the statute of limitations has expired, whichever is longer
- Acquittal: Immediately — no waiting period required
- Dismissal after the waiting period has passed: Immediately upon dismissal
Who Qualifies for Non-Disclosure in Texas?
Non-disclosure — formally called an Order of Non-Disclosure — is available to people who successfully completed deferred adjudication community supervision for most (not all) offenses. The eligibility rules are governed by Texas Government Code §§ 411.072–411.0785.
Waiting Periods for Non-Disclosure After Deferred Adjudication
- Most Class B and C misdemeanors: Immediately upon discharge from deferred adjudication — no waiting period
- Most Class A misdemeanors: 1 year after discharge from deferred adjudication
- Most felonies: 5 years after discharge from deferred adjudication
- DWI (specific statute): 2 years after discharge if no ignition interlock required; immediately with interlock under certain conditions
Offenses That Are NOT Eligible for Non-Disclosure
Certain offenses are permanently excluded from non-disclosure eligibility, regardless of when deferred adjudication was completed:
- Family violence offenses
- Sex offenses requiring registration as a sex offender
- Murder and capital murder
- Kidnapping and aggravated kidnapping
- Trafficking of persons
- Injury to a child, elderly person, or disabled person
- Abandoning or endangering a child
- Violation of a protective order
- Stalking
What Expunction and Non-Disclosure Actually Do — and What They Don't
Understanding the practical effect of these remedies helps set realistic expectations:
What Expunction Does
After an expunction is granted and all agencies comply, the arrest record is physically destroyed. Most background checks will show nothing. You can legally answer "no" on job applications that ask whether you have ever been arrested or charged. The Texas Department of Public Safety, local law enforcement, courts, and most private background check companies are required to destroy or return all records.
What Non-Disclosure Does
A non-disclosure order prohibits criminal justice agencies from disclosing your record to the public. Most private employers and landlords conducting background checks will find nothing. However, certain entities can still access the record — including government agencies, professional licensing boards, schools, and entities working with children or the elderly. You cannot affirmatively deny the arrest on applications that specifically ask about records that have been the subject of a non-disclosure order.
How to File for Expunction or Non-Disclosure
- Confirm eligibility. Review the outcome of your case, when it occurred, and whether any waiting periods have been satisfied. If you are unsure, consult with a Texas criminal defense attorney.
- File a petition in the correct court. Expunction petitions are filed in the district court in the county where the arrest occurred. Non-disclosure petitions are filed in the court that handled the original case.
- Serve all required agencies. The petition must be served on all law enforcement agencies, courts, and other entities that may have records of the arrest. This list can be extensive.
- Attend the hearing (if required). Some courts require a hearing; others grant the petition without one if it is unopposed.
- Follow up to confirm compliance. After the order is granted, follow up to ensure all agencies have actually destroyed or sealed the records. Background check companies may require separate notification.
Find Out If You Qualify — Today
A criminal record affects your employment, housing, and future. If your case was dismissed or you completed deferred adjudication, relief may be available. Call us to find out.
Call (214) 638-0930The Bottom Line
Texas offers meaningful record relief for people whose cases ended in dismissal, acquittal, or deferred adjudication — but the rules are specific and the process requires careful attention to eligibility, waiting periods, and proper filing. An expunction that destroys a record entirely is one of the most powerful forms of relief available in Texas law. A non-disclosure order that seals a deferred adjudication can open doors that a public criminal record had closed.
If you have a prior arrest or charge in Texas and want to know whether relief is available, John Arthur & Associates handles expunctions and non-disclosure orders throughout Dallas, Collin, Denton, Tarrant, and all Texas counties. Call (214) 638-0930 to speak with one of our attorneys about your record.