Many people with arrest records in Texas don't realize they may be eligible to clear or seal those records. Eligibility for expunction and nondisclosure is determined by what happened in your case — not simply by whether you're a good person now. The legal standards are precise, the process requires court filings, and mistakes can delay or bar relief entirely.
Expunction under Texas Code of Criminal Procedure Chapter 55 destroys your arrest records. Law enforcement agencies, courts, and prosecutors must return or destroy all records related to the arrest. After expunction, you are generally permitted to deny the arrest under oath in most circumstances. Expunction is available when your charge was dismissed, when you were acquitted at trial, when you were arrested but no charges were ever filed and the statute of limitations has run, or when you received a full pardon.
Nondisclosure orders under Texas Government Code Chapter 411 seal your records from most public access — they remain in existence but are hidden from background check companies, private employers, and most public agencies. You cannot deny the arrest to certain entities (criminal justice agencies, licensing boards for certain professions, some government employers) but can deny it to private employers and most non-criminal background checkers. Nondisclosure is available after successful completion of deferred adjudication for most non-violent, non-domestic offenses.
The waiting periods for nondisclosure eligibility depend on the offense. Misdemeanors completed through deferred adjudication are often eligible immediately. Felonies require a two-year waiting period after completing community supervision. Certain offenses — including violent crimes, sex offenses, and assault family violence — are not eligible for nondisclosure at all.
One common mistake is filing for expunction too early — before the waiting period required under the statute expires. This can result in the petition being denied and, in some cases, can reset the waiting period. An attorney checks eligibility before filing and ensures the petition is filed at the right time with the right documentation.
We connect Austin residents seeking record clearing with attorneys who handle expunction and nondisclosure petitions in Travis County. These are technical legal proceedings that require a petition to the court, service on all relevant agencies, and sometimes a hearing. The outcome can meaningfully change your employment and licensing options.
What You Need to Know
Key Facts About This Case Type
Expunction destroys records; nondisclosure seals them
These are two different remedies with different eligibility requirements. Expunction is available for dismissals and acquittals. Nondisclosure is available after successful deferred adjudication for eligible offenses.
Convictions generally cannot be expunged
If you were convicted — even of a misdemeanor — expunction is not available in Texas. Nondisclosure may be available in limited circumstances for probated sentences that were not deferred adjudication.
Waiting periods apply
Nondisclosure eligibility often requires a waiting period after completing deferred adjudication — two years for felonies, immediate or short wait for most misdemeanors. Filing too early results in denial.
Some offenses are never eligible
Assault family violence, most sex offenses, capital felonies, and certain violent crimes are permanently ineligible for nondisclosure in Texas regardless of how the case resolved.
Common Questions
Frequently Asked Questions
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