What is the difference between expunction and nondisclosure in Texas?
Expunction destroys the record. It is governed by Code of Criminal Procedure chapter 55A, and once granted you may generally deny the arrest ever happened. Nondisclosure only seals it. It is governed by Government Code §411.072 and the sections after it, and the record still exists and remains visible to a defined list of agencies. Expunction is the stronger remedy and the harder one to qualify for. Peter M. Barrett has defended Texas criminal cases since 1994. The case review is free and confidential.
- Chapter 55 is gone. Expunction now lives in chapter 55A, reorganised into subchapters for mandatory, discretionary and prohibited cases.
- A conviction usually ends the expunction conversation. Art. 55A.051 requires that the charge did not result in a final conviction and is no longer pending.
- Community supervision usually blocks it too, other than for a Class C misdemeanor.
- The waiting periods are set by the level of the offense: 180 days for a Class C, one year for a Class B or A misdemeanor, three years for a felony.
- A felony charge in the same transaction poisons the shorter clocks. The three year period applies instead.
- Deferred adjudication is the usual route to nondisclosure, not to expunction.
Most people who ask about clearing a record are asking about two different remedies without knowing it. The difference matters, because the one that actually destroys the record is available to a much narrower group, and the one most people qualify for leaves the record in existence. Getting this wrong wastes time and sometimes money, and the waiting periods run whether or not anyone is counting them.
Expunction: when the record is destroyed
Chapter 55A was reorganised into subchapters that now separate mandatory expunction, special circumstances requiring mandatory expunction, discretionary expunction and the cases where expunction is prohibited outright. That structure is useful, because the first question in any record case is which of those four a person falls into.
Art. 55A.051 sets the general gateway. It applies to someone arrested for a felony or misdemeanor where the person has been released, the charge did not result in a final conviction and is no longer pending, and there was no court-ordered community supervision under chapter 42A other than for a Class C misdemeanor. Art. 55A.052 then deals with the common situation where no indictment or information was ever presented.
Where no charge was filed, the waiting period depends on the level of the offense the arrest was for: 180 days for a Class C misdemeanor, one year for a Class B or A misdemeanor, and three years for a felony. A felony charge arising from the same transaction pushes the case onto the three year clock regardless.
Nondisclosure: when the record is sealed
An order of nondisclosure does not destroy anything. It restricts who may see the record. Government Code §411.072 provides an automatic route for certain first-time deferred adjudication misdemeanors, §411.0725 covers deferred adjudication more generally, and §411.0731 deals with DWI cases that completed community supervision. Each has its own eligibility rules, waiting periods and exclusions.
The practical point is that nondisclosure is usually reached through deferred adjudication, which is why how a case is resolved today decides what can be done about it years later. A plea that looks equivalent at the time can close the sealing door permanently.
Why the disposition matters more than the sentence
People weighing an offer tend to compare the punishment. The record consequence often matters more and is rarely explained in the same conversation. A dismissal, an acquittal or a case that is never charged can lead to expunction. A conviction generally cannot. Deferred adjudication sits between the two and leads to sealing rather than destruction. These are the differences worth knowing before a plea rather than after it.
Why people hire Peter Barrett for record clearing
Peter M. Barrett has practised Texas criminal defense since 1994 and has tried more than 150 cases to a jury. He is AV Preeminent rated by Martindale-Hubbell, holds a 10.0 rating on Avvo, and has been named to Super Lawyers each year from 2022 to 2026. The firm handles both the underlying case and the record work that follows it, which means the disposition can be chosen with the later petition in mind.
No outcome can be assured in any case. What can be done is to work out which remedy a record actually qualifies for, and when the clock on it runs out.
Common questions
Can I expunge a conviction in Texas?
Generally no. Art. 55A.051 requires that the charge did not result in a final conviction and is no longer pending, so a conviction normally takes expunction off the table. A pardon and certain acquittal situations are dealt with separately within chapter 55A, which is one reason the subchapter a case falls into matters.
How long do I have to wait to expunge an arrest with no charge?
It depends on the level of the offense. The statute sets 180 days from the date of arrest for a Class C misdemeanor, one year for a Class B or A misdemeanor, and three years for a felony. If a felony charge arose out of the same transaction, the three year period applies.
Does deferred adjudication get expunged?
Usually not. Court-ordered community supervision under chapter 42A, other than for a Class C misdemeanor, takes a case outside the general expunction gateway. Deferred adjudication is normally the route to an order of nondisclosure under Government Code §411.0725 instead, which seals the record rather than destroying it.
Who can still see a sealed record?
A nondisclosure order restricts disclosure rather than ending it. The record continues to exist and remains available to a defined list of agencies and licensing bodies set out in the Government Code. That is the central difference from expunction, and it is the reason the two remedies are not interchangeable.
Is the old Chapter 55 still the law?
No. Expunction is now in Code of Criminal Procedure chapter 55A, which reorganised the subject into subchapters covering mandatory expunction, special circumstances, discretionary expunction and cases where expunction is prohibited. Guidance written against the old chapter numbers is out of date, even where the substance is similar.
Can you handle the case and the expunction?
Yes, and there is a reason to do both together. What a record can become later is decided by how the case ends now, so the disposition is worth choosing with the later petition in view rather than treating record clearing as a separate problem years afterwards.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.