Expunction or nondisclosure: which one clears a Texas record?
Both fix a record, but in different ways. An expunction under Tex. Code Crim. Proc. ch. 55 destroys the arrest record. Once granted, you can legally deny the arrest ever happened. A nondisclosure order under Tex. Gov't Code ch. 411 seals the record from public view, so most employers and landlords cannot see it, but police, prosecutors, and licensing agencies still can. Expunction is stronger. Nondisclosure covers far more cases.
- Expunction destroys the record under Tex. Code Crim. Proc. ch. 55. After it is granted, you can legally deny the arrest in almost every setting.
- Nondisclosure seals the record under Tex. Gov't Code ch. 411. Most employers cannot see it. Government agencies still can.
- Acquittals, no-bills, and many dismissals point to expunction. Completed deferred adjudication usually points to nondisclosure.
- Most convictions can never be cleared. A first DWI is a narrow exception with conditions.
- The eligibility rules have expanded several times. A record that did not qualify years ago might qualify today.
Expunction and nondisclosure are not the same thing
Texas gives you two legal tools for cleaning up a criminal record, and people mix them up all the time. You will also see the word "expungement" online. Texas statutes say expunction. It means the same thing.
An expunction is governed by Tex. Code Crim. Proc. ch. 55. When a judge signs an expunction order, every agency holding records of the arrest must destroy them or return them. The arrest report, the booking photo, the court file: gone. After that, you can legally deny the arrest ever happened in almost every setting.
A nondisclosure order works differently. Under the nondisclosure statutes in Tex. Gov't Code ch. 411, the record still exists, but it is sealed from public view. Private background check companies must stop reporting it. Employers, landlords, and neighbors cannot pull it. Law enforcement, prosecutors, and certain state licensing agencies can still see it.
Think of it this way. Expunction is a shredder. Nondisclosure is a locked drawer, and only the government keeps a key.
Which tool fits depends on how your case ended, not on how minor it felt. And the paper trail starts at booking, long before any court rules on anything. If the arrest is recent, read our guide to the first 48 hours after a Dallas arrest, because choices made this week shape what can be cleared later.
Who qualifies for an expunction
Expunction is built for cases that ended without a conviction. The main paths:
- Acquittal. A not-guilty verdict at trial qualifies.
- Pardon or actual innocence. Rare, but these reach even a conviction.
- Dismissal. A charge that was filed and then dismissed can often be expunged, as long as the court never placed you on community supervision for it. Some dismissals require waiting out the limitations period unless the prosecutor agrees sooner.
- No-bill. If a grand jury reviewed the case and declined to indict, expunction is usually available.
- Arrested but never charged. These qualify after a waiting period: 180 days for a Class C arrest, one year for a Class A or B arrest, and three years for a felony arrest.
- Identity theft. If someone gave your name when they were arrested, that record can be expunged.
The biggest trap is community supervision. If you completed probation or deferred adjudication on the charge, expunction is generally off the table for it. The one common exception is deferred adjudication on a Class C, ticket-level offense, which can still be expunged after dismissal.
Who qualifies for a nondisclosure
Nondisclosure is the workhorse for people who resolved a case through deferred adjudication. In a deferred case, you plead, the judge withholds a finding of guilt, you complete supervision, and the case is dismissed. There is no conviction, but the record of the arrest and the plea stays public unless it is sealed.
After a successful deferred adjudication, many offenses can be sealed by petition under Tex. Gov't Code §411.0725. Certain first-time misdemeanors qualify for a streamlined order under Tex. Gov't Code §411.072. The waiting periods are tiered: many misdemeanors qualify right away, some sensitive misdemeanors require a two-year wait, and felonies require five years after discharge.
A narrow group of convictions can also be sealed. The one people ask about most is a first DWI. Under Tex. Gov't Code §411.0731, a first DWI conviction may qualify if your BAC was under 0.15, the incident did not involve an accident with another person, and you complete a waiting period: two years if you used an ignition interlock for at least six months, five years if you did not.
Some offenses can never be sealed, no matter how the case ended. The list includes murder, kidnapping, human trafficking, stalking, any offense requiring sex offender registration, and any case with an affirmative finding of family violence. You also need to stay conviction-free while you wait.
Expunction vs nondisclosure side by side
| Question | Expunction | Nondisclosure |
|---|---|---|
| What happens to the record | Destroyed or returned by every agency | Sealed from public view; still exists |
| Who can still see it | Almost no one | Police, prosecutors, licensing agencies |
| Can you deny it | Yes, in almost every setting | Yes, on most private applications |
| Typical cases | Acquittals, dismissals, no-bills, uncharged arrests | Completed deferred adjudication; first DWI with conditions |
| Convictions covered | No, outside rare pardons and innocence findings | A narrow list, including some first DWIs |
| Governing law | Tex. Code Crim. Proc. ch. 55 | Tex. Gov't Code ch. 411 |
Not sure which side of the table you are on?
Eligibility turns on details people forget: dates, dispositions, supervision terms. Send us what you remember and we will check the records for you. Free and confidential.
What each one does for job applications
Most Texas employers screen applicants through private background check companies. Both orders shut that reporting down. The difference shows up in what you can say and who can still look.
After an expunction, the record is destroyed. You can answer "no" to questions about the arrest on job applications, apartment applications, and almost everywhere else.
After a nondisclosure, you can deny the arrest and the case on most private applications. The exceptions are the entities the statute still allows to see sealed records: law enforcement agencies, prosecutors, and a list of state boards and employers in sensitive fields such as licensing agencies, schools, and hospitals. If you are applying for a government job or a professional license, plan on the sealed record being visible to the reviewer.
One practical note: background check databases update on their own schedules. If an old report resurfaces after your order, federal consumer reporting law gives you a path to dispute it, and a copy of the signed order usually resolves it quickly.
What can never be cleared
Here is the hard truth: most convictions are permanent. If you were found guilty and sentenced, whether to jail time or regular probation, neither expunction nor nondisclosure is available for that case in most situations.
The DWI rules show how much the ending of a case matters. A DWI conviction can never be expunged, and it can only be sealed in the narrow first-offense situation described above. A first DWI resolved through deferred adjudication, which Texas has allowed for some DWI cases since 2019, keeps the sealing door open and can shorten the path. And a DWI arrest that ends in dismissal or acquittal can be expunged entirely. Same charge, three very different records. The penalties and resolution options are covered in our guide to first DWI penalties and record protection in Texas.
That is why record clearing really starts at the front of the case, not the end. The outcome your lawyer negotiates today decides what a judge can clear tomorrow. It is a core part of how we build a DWI defense strategy for first-time clients.
The process and a realistic timeline
Both tools require a court order. Neither happens automatically in most cases, even when you clearly qualify. The steps look like this:
- Confirm eligibility. Pull the arrest records and court dispositions and match them against the statute. This is where most do-it-yourself petitions go wrong.
- File the petition. Expunctions are filed in district court. Nondisclosure petitions go to the court that handled the original case.
- Notice to agencies. The state and every agency holding records gets notified and can object.
- Hearing and order. Many uncontested petitions are decided on the paperwork. The judge signs the order.
- Compliance. Agencies destroy or seal their copies, and private databases update afterward.
From filing to signed order usually takes about two to six months depending on the county docket. Full compliance by every agency and database can take several more months. Plan for the better part of a year from start to truly clean.
If it has been years since your case, check anyway. The legislature has expanded eligibility several times in the past decade, waiting periods you were once inside may have run, and an answer you got in 2015 may simply be outdated. Even an arrest that never led to charges sits in the system until someone clears it. Our guide to the first 48 hours after a Dallas arrest explains how early those records get created. Getting them cleared starts with a free eligibility review.
- Expunction destroys the record. Nondisclosure seals it. Both stop most employers from seeing it.
- How the case ended controls which tool fits. Community supervision usually closes the expunction door.
- Most convictions are permanent, but a first DWI can sometimes be sealed under strict conditions.
- Plan on two to six months to a signed order, and longer for every database to catch up.
- Eligibility law keeps expanding. An old "no" may be a current "yes."
Frequently asked questions
Can a conviction be expunged in Texas?
Generally no. Expunction is built for arrests that did not end in conviction, such as acquittals, dismissals, and no-bills. Rare exceptions include a pardon or a finding of actual innocence. Some convictions, including a first DWI that meets strict conditions, can be sealed through nondisclosure instead.
How long does it take to clear a record in Texas?
Most petitions go from filing to a signed order in roughly two to six months, depending on the county docket. Agencies then need additional weeks or months to destroy or seal their copies, and private background check databases update after that.
Do I have to tell an employer about an expunged or sealed record?
After an expunction you can legally deny the arrest in almost every setting. After a nondisclosure you can deny it on most private job applications, but government employers and certain licensing agencies can still see the sealed record.
Can a DWI be removed from my record in Texas?
A DWI conviction cannot be expunged. A first DWI may be sealed under Tex. Gov't Code §411.0731 if conditions are met, including a BAC under 0.15 and no accident involving another person, after a waiting period. A DWI arrest that was dismissed or no-billed may qualify for full expunction. More in our first DWI guide.
How much does an expunction cost in Texas?
It varies. Filing fees are set by each county, and attorney fees depend on how many arrests and agencies are involved. Checking whether you qualify costs nothing, and that answer is the place to start. Request a free review.
This guide is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. If you are facing charges, speak with a licensed Texas criminal defense attorney about your specific facts. Was your arrest in Dallas County? Request a free case review.