Expungement & Nondisclosure Lawyer in Dallas, TX
“Expungement” and “record sealing” are often used interchangeably, but Texas law treats them as two distinct remedies with different eligibility rules, different effects, and different processes. Understanding which one actually applies to your situation is the first step.
Expunction vs. Nondisclosure: The Real Difference
Expunction, governed by Texas Code of Criminal Procedure Chapter 55, is the stronger remedy — it results in the destruction of the arrest record entirely, as if it never happened. But it’s also harder to qualify for: expunction is generally available only when there was no conviction — an acquittal, a dismissal, a grand jury no-bill, or a pardon.
Nondisclosure, governed by Texas Government Code Chapter 411, Subchapter E-1, is more accessible but less complete. A nondisclosure order seals the record from public view — meaning most private employers and the general public can no longer see it — but law enforcement and certain licensing agencies retain access. Nondisclosure is generally the available path after successfully completing deferred adjudication, and in some cases after a conviction with community supervision, once any applicable waiting period has passed.
When Expunction Is Available
Because expunction is the stronger remedy, it’s reserved for cases where the person was never actually convicted, including:
- Arrest without formal charges being filed
- Charges dismissed by the prosecutor
- Acquittal at trial
- Grand jury no-bill
- A pardon
Waiting periods can apply depending on the offense classification — for example, a Class A or B misdemeanor dismissal generally carries a one-year waiting period from the arrest date before expunction can be filed, though a prosecutor can sometimes certify that records are no longer needed, which can eliminate that wait.
When Nondisclosure Is Available
Nondisclosure is generally available after successfully completing deferred adjudication, since deferred adjudication itself doesn’t qualify for expunction — there was a formal disposition, just not a final conviction. Waiting periods vary significantly depending on the offense and how it was resolved, and certain offenses are permanently excluded from nondisclosure eligibility, including any offense involving family violence.
Texas law has expanded nondisclosure eligibility over time. Notably, first-offense DWI became eligible for nondisclosure in 2019 (generally excluding cases involving a 0.15 or higher alcohol concentration), while repeat DWI and intoxication assault or manslaughter remain ineligible.
Why This Distinction Matters Practically
Because the rules genuinely differ by exact offense, disposition type, and timing, this is one of the more procedurally technical areas of Texas criminal law — the difference between qualifying for expunction, qualifying for nondisclosure, or qualifying for neither often comes down to details specific to how a case was actually resolved, not just what the underlying charge was.
What To Do If You’re Considering Expunction or Nondisclosure
- Gather your case records, including the specific disposition (dismissal, acquittal, deferred adjudication, conviction) and the date it was resolved.
- Confirm the exact offense charged — eligibility rules differ significantly by offense type, particularly for family violence and intoxication-related offenses.
- Note whether any waiting period has already passed since your case was resolved.
- Consult a Texas attorney to determine which remedy — if any — currently applies, since filing the wrong type of petition can waste time and filing fees without addressing the underlying record.
Related Criminal Defense Topics
- Criminal Defense in Dallas — general overview of the Texas criminal process
- DWI Charges in Dallas — relevant given DWI’s distinct nondisclosure eligibility rules
- Assault & Domestic Violence in Dallas — family violence offenses are generally excluded from nondisclosure
Frequently Asked Questions
What’s the difference between expunction and nondisclosure in Texas?
Expunction destroys the record entirely and is generally available only when there was no conviction. Nondisclosure seals the record from public view (but not from law enforcement) and is generally available after successfully completing deferred adjudication or, in some cases, after certain convictions.
Can I get my record expunged if I completed deferred adjudication?
Generally no — deferred adjudication doesn’t qualify for expunction because it involves a formal disposition, even without a final conviction. It may instead qualify for a nondisclosure order after any applicable waiting period.
Is a DWI eligible for nondisclosure in Texas?
A first-offense DWI can be eligible for nondisclosure since a 2019 legislative expansion, generally excluding cases involving a 0.15 or higher alcohol concentration. Repeat DWI offenses and intoxication assault or manslaughter remain ineligible.
Are family violence cases eligible for nondisclosure?
No. Offenses involving family violence are generally permanently excluded from nondisclosure eligibility under Texas law, regardless of how the underlying case was resolved.
How long do I have to wait before filing for expunction or nondisclosure?
It depends on the offense and disposition type — waiting periods are not uniform across all cases. Some dismissals carry a one-year waiting period; nondisclosure waiting periods vary by offense classification and can sometimes require several years.
Does a sealed record under a nondisclosure order ever show up again?
For most private background checks, no. However, nondisclosure doesn’t erase the record from law enforcement systems or from certain licensing and government agencies, which is the key distinction from expunction.
The content on this page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and change over time — consult a licensed Texas attorney for advice specific to your situation.