Expungement vs. Nondisclosure in Texas: Which One Clears Your Criminal Record?

Written by  Andrew J. Salinas, Managing Partner & Founder, Salinas Defense Law Firm, PLLC  ·  Two-Time Texas Rising Star (2025–2026)  ·  National Trial Lawyers Top 40 Under 40  ·  Former ADA, Kings County DA, Brooklyn, NY  ·  NHTSA-Certified  ·  Crimmigration Specialist

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A criminal record in Texas can follow you for the rest of your life — affecting your ability to find housing, get a job, obtain professional licenses, and even where your children can go to school. But many Texans who have prior arrests or charges don't realize they may be eligible to have those records cleared or sealed.

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Texas offers two primary mechanisms for record relief: expunction (complete destruction of records) and nondisclosure (sealing records from public view). Understanding the difference between them — and which one applies to your situation — is the first step toward a clean slate.

Expunction: Complete Destruction of Records

An expunction (sometimes called expungement) is the most complete form of record relief available in Texas. When a court grants an expunction:

• All records of the arrest, charge, and case are physically destroyed across every agency that holds them
• You may legally deny that the arrest ever occurred — in job applications, housing applications, and most other contexts
• Police agencies, court clerks, and background check companies must destroy or return their records
• The arrest effectively disappears from your legal history

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Who Qualifies for Expunction in Texas?

Expunction eligibility is more limited than many people expect. You generally qualify if:

• Your case was dismissed by the prosecutor or the court
• You were found not guilty at trial (acquittal)
• You were convicted but later received a pardon from the governor
• The case was no-billed by a grand jury (grand jury declined to indict)
• Charges were never filed after your arrest and the statute of limitations has expired
• You completed a first-time DWI diversion program in specific jurisdictions (limited availability)

Important: A conviction — even for a minor offense — is generally NOT eligible for expunction in Texas. You cannot expunge a case where you were found guilty, pled guilty, or received deferred adjudication (with limited exceptions for certain Class C misdemeanors).

Nondisclosure: Sealing Records From Public View

A Non-Disclosure Order (also called nondisclosure) is a court order that seals your criminal record from most public access. Unlike expunction, the records are not destroyed — they are hidden from public view. After a successful nondisclosure:

• Employers, landlords, and schools cannot see the sealed record through standard background checks
• Background check companies must remove the sealed record from their databases
• You are legally permitted to deny the existence of the offense in most contexts
• Law enforcement agencies can still access the sealed record
• Some licensing boards (medical, legal, teaching, nursing) may retain access
• Federal agencies can still access the sealed record

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Who Qualifies for Nondisclosure in Texas?

Nondisclosure is primarily available to people who received deferred adjudication and successfully completed community supervision. However, eligibility depends on:

• The specific offense — certain serious offenses are permanently excluded from nondisclosure
• Whether you have any prior convictions or deferred adjudications
• Waiting periods — some offenses require waiting 2 to 5 years after completing supervision before petitioning

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The following offenses are generally NOT eligible for nondisclosure regardless of any other factors:

• Murder and capital murder
• Any offense requiring sex offender registration
• Aggravated kidnapping
• Trafficking of persons
• Family violence assaults (specific circumstances)
• Abandonment or endangerment of a child

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Expunction vs. Nondisclosure — The Key Differences

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DWI and Record Clearing — The Special Rules

DWI in Texas has unique record-clearing rules that confuse many people:

• DWI conviction (guilty plea, probation, or conviction at trial): NOT eligible for expunction or nondisclosure
• DWI dismissed or acquitted: Eligible for expunction
• DWI with deferred adjudication (rare — generally unavailable for standard DWI): May qualify for nondisclosure under a specific 2017 statutory change, with a 2-year waiting period after completing supervision, if the offense did not result in an accident causing bodily injury

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If you had a DWI dismissed or were found not guilty, expunction is available and you should pursue it. Contact Andrew Salinas for a direct evaluation of your eligibility.

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How Long Does the Process Take?

Both expunction and nondisclosure require filing a petition with the appropriate court, serving all relevant agencies (police departments, DA's office, DPS, etc.), and obtaining a court order. The process typically takes:

• Expunction: 3 to 6 months from filing to final order, sometimes longer depending on court docket
• Non-Disclosure: 2 to 4 months from filing to final order

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After the order is issued, agencies have a specified period to destroy or seal records. Background check databases typically update within 30 to 90 days of receiving notice.

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How to Find Out If You're Eligible

Eligibility for expunction and nondisclosure depends on specific facts that vary by case: the exact charge, the disposition, your criminal history, the date of the offense, and whether any waiting periods have been satisfied.

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The fastest way to find out if you qualify is a direct consultation with Andrew Salinas. He will tell you directly whether expunction, nondisclosure, or neither is available in your situation — and what the realistic timeline and outcome look like.

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Thousands of Texans who are eligible for record relief never pursue it simply because they don't know they qualify. If you have a prior arrest, charge, or deferred adjudication in Texas, call today and find out.

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SALINAS DEFENSE — QUALITY LEGAL DEFENSE WHEN IT MATTERS MOST

If you or someone you love is facing criminal charges in Houston, don't wait.

Andrew Salinas handles every case personally — delivering experienced, aggressive, and results-driven defense.

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Call us at 832 202-8409 or use our online contact form to schedule your free consultation. We are available 24 hours a day, 7 days a week.