Texas Expunction vs Nondisclosure February 16, 2026

A criminal record creates significant barriers to employment, housing, and personal liberty. Even if a court dismisses your case, the arrest record remains visible to the public until you take legal action to remove it. Texas law provides two primary paths for clearing your name: Expunction and Nondisclosure in Texas. Understanding the technical requirements of each is the first step toward a clean slate.

The Path to Expunction in Texas

Expunction, governed by Chapter 55 of the Texas Code of Criminal Procedure, is the most comprehensive form of record clearing. An Order of Expunction requires the permanent destruction of all records and files related to an arrest.https://statutes.capitol.texas.gov/?tab=1&code=CR&chapter=CR.55A&artSec=

Eligibility and Waiting Periods

A person generally qualifies for an expunction if their case did not result in a final conviction or a period of community supervision (probation). Specific eligible outcomes include:

Class C Misdemeanors: Successful completion of deferred adjudication for a Class C (fine-only) offense.

Acquittals: A “not guilty” verdict at trial.

Dismissals: Charges dropped by the prosecutor or the court without a plea of “guilty” or “no contest.”

No-Bills: A Grand Jury decides not to indict a felony case.

Pardons: A full pardon granted by the Governor of Texas or the President of the United States.

Identity Theft: An arrest occurring because another person falsely gave the petitioner’s information.

Petitioners must wait for the following minimum timeframes from the date of arrest:

Class C Misdemeanor: 180 days.
Class A or B Misdemeanor: 1 year.
Felony: 3 years.

Legal Effect of Expunction

Once a court grants an expunction, all government agencies must destroy their records. The petitioner may legally deny the occurrence of the arrest and the existence of the expunction order on most applications, including those for employment and housing.To learn more about the filing process, visit /practice-areas/expunctions-non-disclosures/.

Sealing Records via Nondisclosure in Texas

An Order of Nondisclosure, governed by Chapter 411 of the Texas Government Code, “seals” a record rather than destroying it. It prohibits public entities—such as courts and police departments—from disclosing criminal history information to private parties. https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.411&artSec=

Eligibility for Nondisclosure

This process primarily applies to individuals who successfully completed deferred adjudication community supervision. If the judge dismissed the case and discharged the defendant after the probation period, the individual may be eligible. Some recent laws also allow nondisclosure for certain first-time misdemeanor convictions resulting in jail time or “straight” probation, including some DWI offenses.

Statutory Waiting Periods

The waiting period begins after the court issues the formal discharge and dismissal:

Most Misdemeanors: Immediate eligibility upon discharge.
Specific Misdemeanors: 2 years (e.g., Assault, Deadly Conduct, Harassment).
Felonies: 5 years.

Absolute Disqualifiers

Certain offenses prevent a person from ever obtaining a nondisclosure order for any case in their history. Disqualifying crimes include:

Murder or Capital Murder.
Aggravated Kidnapping.
Human Trafficking.
Offenses involving Family Violence.
Any offense requiring sex offender registration.
Injury to a child, age 65+ or disabled person.

Legal Effect of Nondisclosure

A nondisclosure order removes the record from public view, meaning it will not appear on background checks for most private employers or landlords. However, the record remains visible to:

Law enforcement agencies.
State licensing boards (e.g., Texas Medical Board, State Bar of Texas).
Certain government entities for auditing or employment purposes.

Comparison: Expunction vs. Nondisclosure in Texas

Feature	Expunction	Nondisclosure
Primary Goal	Destroy the record entirely.	Seal the record from the public.
Eligible Outcome	Dismissal, Acquittal, or Pardon.	Deferred Adjudication.
Record Visibility	Visible to no one.	Law enforcement & licensing boards.
Right to Deny	Yes, in almost all circumstances.	Yes, for most private inquiries.

Professional Legal Assistance in Montgomery County

Deciding between Expunction and Nondisclosure in Texas depends entirely on the specific outcome of your case. Errors in the filing process can lead to a permanent denial, leaving your record visible to the public.

Paul Meyers and The Meyers Firm provide the technical expertise necessary to ensure your petition meets all requirements. We offer a flat fee of $750 for our legal services. In addition to this fee, petitioners must pay mandatory court filing fees, which in Montgomery County are approximately $292 for Expunctions and $320 for Nondisclosures.

Call 936 766 5171 to begin reclaiming your future!

Texas Criminal Record Cleanup: The Difference Between Expunction and Nondisclosure