A criminal record can be like a shadow that follows you long after a case has been resolved. Whether you are applying for a new job, seeking an apartment or home, or trying to obtain a professional license, a past arrest or conviction can represent a significant hurdle to your goals. Fortunately, Texas law provides pathways to clear a criminal record in Texas, allowing people to move forward with a clean slate and reopen their options.
This process is not one-size-fits-all, however. In Texas, there are two primary methods for addressing a criminal record: Expunctions, and Orders of Nondisclosure. Understanding the difference between these two is critical to determining your eligibility and options.
What is an Expunction?
An expunction is the most powerful tool available to clear a criminal record. When a record is expunged, it is effectively deleted. Law enforcement agencies, courts, and record-keeping institutions are ordered to destroy all files related to the arrest and prosecution. Once an expunction is granted, you can legally state that you were never arrested for that offense.
Who is Eligible for Expunction?
Expunctions are generally reserved for cases that did not result in a conviction. You may be eligible if:
- You were arrested but never charged.
- The charges against you were dismissed (with certain exceptions).
- You were found “Not Guilty” at trial (acquittal).
- You successfully completed a Class C Misdemeanor deferred adjudication.
- You were convicted but later pardoned or found innocent (based on delayed evidence).
What is an Order of Nondisclosure?
If you are not eligible for an expunction, often because you entered a plea and completed probation, you may still be able to seal a criminal record in Texas with an Order of Nondisclosure.
Unlike an expunction, a nondisclosure does not completely destroy the criminal record. Instead, it “hides” the record from the general public and from private entities (like most employers and landlords). However, the record remains accessible to law enforcement agencies and certain state licensing boards (such as the Texas Medical Board and the TEA).
Who is Eligible for Nondisclosure?
This option is typically available to those who:
- Entered a plea of guilty or no contest.
- Were placed on “Deferred Adjudication” community supervision.
- Completed the terms of that supervision and received a discharge and dismissal.
Note: Recent changes in Texas law have expanded nondisclosure eligibility to include certain first-time DWI offenders, provided specific criteria are met, such as the use of an ignition interlock device.
Expunction vs. Nondisclosure: Key Differences
When weighing expunction vs. nondisclosure in Texas, the primary differences lie in the degree of “clearing” and the eligibility requirements.
| Feature | Expunction | Order of Nondisclosure |
| Effect | Record is destroyed/deleted. | Record is sealed from the public. |
| Eligibility | Primarily dismissals and acquittals. | Primarily deferred adjudication. |
| Right to Deny | You can legally deny the arrest ever happened. | You can deny the occurrence to the public. |
| State Access | No longer exists for the State. | Still visible to police and licensing boards. |
The Waiting Period
In both cases, you cannot always file for relief immediately. Texas law imposes statutory waiting periods that vary based on the level of the offense:
- Misdemeanors: Waiting periods can range from 180 days to two years, depending on the case type.
- Felonies: Generally require a three to five-year waiting period following the dismissal or completion of supervision.
Why You Need Legal Guidance
The statutes governing expunctions and nondisclosures are found in Chapter 55 and Chapter 411 of the Texas Code of Criminal Procedure. These laws are extremely technical and involve strict filing requirements. Missing a deadline or failing to notify the correct government agencies can result in a petition being denied or a record remaining visible when it shouldn’t be.
At Spiegelhauer Law, we understand that your future depends on the clarity of your record. We handle the complex paperwork and court hearings necessary to ensure your petition is handled correctly the first time.
Take the First Step Toward a Clean Slate
If you’re ready to clear your criminal record in Texas, don’t leave the outcome to chance. Contact Spiegelhauer Law today to schedule a consultation. We will review your history, determine your eligibility, and help you navigate the path toward a more secure future.
