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Texas Expunction vs. Nondisclosure: How to Clear Your Record

Texas has two systems: expunction (acquittals and dismissals) and nondisclosure (deferred adjudication). Learn which applies, fees, and how to file.

TXMarch 16, 202611 min readPhoto: Pixabay / Pexels

Texas has two completely separate systems for clearing a criminal record, and mixing them up is the single most common mistake people make. Expunction erases the record entirely — the arrest is treated as if it never happened. An Order of Nondisclosure seals the record from public view but does not destroy it. Which one you may be eligible for depends on how your case ended, not how serious the charge was.

Here is the critical distinction: expunction is for cases where you were not convicted — acquittals, dismissals, and arrests where charges were never filed. Nondisclosure is for cases where you completed deferred adjudication — a form of probation that ends without a formal conviction. If you were convicted and sentenced, Texas generally offers no pathway to clear that record. That is a hard truth, and this guide will not sugarcoat it.

Not legal advice

This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.

Expunction vs. nondisclosure — understanding the two systems

Expunction is the more powerful remedy. When a court grants expunction, agencies that hold records of the arrest are ordered to destroy or clear them. DPS updates the state criminal history record. After expunction, you can usually deny the arrest ever happened.

An Order of Nondisclosure is different. It seals the record from public disclosure. Private employers, landlords, and the general public cannot access it. But the record still exists, and certain government users can still retain access.

Reference
Texas references to review
  • Texas Courts self-help expunction page
  • TexasLawHelp guide to expunctions and nondisclosures
  • Texas State Law Library self-help materials

Use the claim-backed timing and fee cards in this article for the current numbers, then confirm the filing steps with the official court resources.

Who qualifies for expunction — and who qualifies for nondisclosure

These are separate eligibility tracks. Eligibility falls under one or the other based on how your case was resolved — not based on the offense type alone.

Expunction is for non-convictions. If your case ended in a conviction — even a misdemeanor — Texas does not allow expunction. Deferred adjudication that was successfully completed is NOT a conviction, but it is also not eligible for expunction (except for Class C misdemeanors). It qualifies for nondisclosure instead.

Reference
Nondisclosure eligibility (deferred adjudication completions)
  • Completed deferred adjudication
  • Certain first-time misdemeanors
  • First DWI with a qualifying record
  • Class C misdemeanors

Nondisclosure requires that deferred adjudication was completed successfully. If your deferred adjudication was revoked and you received a final conviction, nondisclosure is not available.

Waiting periods

Texas waiting periods vary depending on whether you are seeking expunction or nondisclosure, the severity of the offense, and how the case was resolved. Pay close attention to the starting point for each waiting period — it is different for expunction and nondisclosure.

Waiting periods

The clock starts on the date shown below — not your arrest date.

Expunction — acquittal or not guilty verdict

Clock starts: Date of acquittal

This is the cleanest expunction path because the case ended in a non-conviction.

Immediate

Expunction — Class C misdemeanor dismissal or no charges

Clock starts: Date of dismissal or arrest

Use the Texas waiting-period claim for the current filing window.

Varies

Expunction — Class A/B misdemeanor dismissal or no charges

Clock starts: Date of dismissal or arrest

This tracks the same non-charge path, but the waiting period is different by offense class.

Varies

Expunction — felony dismissal or no charges

Clock starts: Date of dismissal or arrest

This is the longest expunction wait in the state data set.

Varies

Nondisclosure — felony deferred adjudication

Clock starts: Date deferred adjudication ended

The sealed-record path usually starts after completion of supervision.

Varies

Nondisclosure — misdemeanor deferred adjudication

Clock starts: Date deferred adjudication ended

Some misdemeanors may qualify sooner than others.

Varies

Nondisclosure — first DWI with interlock

Clock starts: Date sentence completed

Texas keeps a narrow DWI sealing path with offense-specific timing.

Varies

Nondisclosure — first DWI without interlock

Clock starts: Date sentence completed

Check the current Texas nondisclosure rules before relying on any old summary.

Varies
For expunction, the waiting period depends on the arrest outcome and offense class. For nondisclosure, the clock usually runs from completion of deferred adjudication. DWI nondisclosure has its own separate timeline.

The DWI exception — HB 3016

For years, DWI was treated as a dead end in Texas. That is no longer the entire story, but the remaining nondisclosure path is narrow and depends on the current state data.

Texas still treats first-offense DWI as a narrow nondisclosure path. If you think this is your situation, check the current Texas claim before filing:

Read carefully
DWI summary
  • First-offense DWI uses a narrower nondisclosure path than most misdemeanor cases.
  • The timing depends on the current Texas claim and whether interlock was part of the sentence.
  • Check the current interlock timeline
  • Check the current no-interlock timeline

Do not rely on an older HB 3016 summary without checking the current state data.

How to file for expunction in Texas

The expunction process in Texas involves filing a petition with the district court, serving all relevant agencies, and attending a hearing. If you meet the statutory criteria, the judge must grant the expunction — it is not discretionary.

Process

The Texas expunction process

1

Get your Texas criminal history

A short request period • Check the current DPS fee
Request your criminal history record from the Texas Department of Public Safety (DPS). Use it to confirm what is on your record and to gather the details for your petition.Tip: You will need your name, date of birth, and Social Security number to request your record.
2

Pull your court records

Varies by county • County copy fees vary
Get the case records from the court where your case was handled. You need the case number, arrest date, offense, and disposition. Many Texas county courts have online case search tools.
3

Verify the waiting period

Depends on the offense • Free
For dismissed cases and arrests where charges were never filed, the waiting period depends on the offense class and case outcome. Check the current Texas claim for the exact timing that applies to your record.Tip: If you were acquitted, you do not use the dismissal waiting-period path.
4

Prepare the Petition for Expunction

A focused drafting session • Free (or attorney fees if you hire help)
Texas does not have a single statewide form for expunction petitions. Many counties provide their own forms, or you can draft the petition using the current Texas filing requirements. The petition should include your name, arrest date, offense charged, case number, and the ground for expunction.Tip: The Texas State Law Library at sll.texas.gov has free self-help guides for expunction petitions, including templates. Check there before starting from scratch.
5

File the petition in the district court

After filing • County filing fee
File the petition with the district clerk in the county where you were arrested. Pay the filing fee at this step. The clerk will set the next court date.Tip: Ask the clerk about service options and whether electronic service is available for your case.
6

Serve all relevant agencies

Several weeks • Service costs vary by agency and county
Every agency that has a record of the arrest must be served with notice. This usually includes DPS, the arresting law enforcement agency, the district or county attorney, and any other agency listed in the petition.
7

Attend the expunction hearing

Brief hearing • Free (attorney fees separate)
The court holds a hearing on your petition. If you meet the legal criteria, the judge grants the expunction. Bring all supporting documents and be prepared to explain your case.Tip: Be ready to show the court why your case fits the Texas expunction path.
8

Order entered — agencies destroy records

Record update period • Free
Once the judge signs the expunction order, agencies destroy or update their records of the arrest. The record is treated as cleared for most practical purposes.Tip: Private background check companies may still lag behind the court order. Keep a certified copy for disputes.

What to bring when you file

Reference
Documents checklist for Texas expunction
  • Texas DPS criminal history record
  • Court records showing case disposition
  • Completed expunction petition with case details
  • List of every agency that has records of the arrest
  • Current filing fee amount
  • Any service paperwork the clerk requires
  • Government-issued photo ID
  • Two copies of everything

For nondisclosure petitions, the documents are similar but the petition form and filing steps are different.

Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.

What expunction and nondisclosure actually do

Reference
After expunction — records are destroyed
  • All agencies must destroy records of the arrest
  • DPS deletes the entry from your state criminal history
  • You can legally deny the arrest ever occurred, even under oath in most situations
  • Employers who run background checks will not find the arrest
  • You are restored to the legal status you had before the arrest
Read carefully
After nondisclosure — records are sealed, not destroyed
  • The record is sealed from public access — most employers and landlords cannot see it
  • Criminal justice agencies retain full access to sealed records
  • Certain licensing boards (medical, law, education, law enforcement) retain access
  • Federal agencies and federal background checks are not affected by a state nondisclosure order
  • You can answer "no" to most private employer questions about criminal history — but not to covered government entities
  • Private background check companies must remove the record from public reports

Nondisclosure is weaker than expunction but still meaningful. It removes the record from the background checks most employers actually run.

Free and low-cost legal help in Texas

Reference
Free and low-cost legal resources in Texas
  • Texas Law Help — free legal information and self-help resources: texaslawhelp.org
  • Texas RioGrande Legal Aid — serves South and West Texas: trla.org or 1-888-988-9996
  • Lone Star Legal Aid — serves East and Southeast Texas: lonestarlegal.org
  • Legal Aid of NorthWest Texas — serves Dallas-Fort Worth and North Texas: lanwt.org
  • Texas State Law Library — free self-help guides for expunction: sll.texas.gov
  • Clean Slate Texas — eligibility screening and resources: cleanslatetexas.org
  • State Bar of Texas Lawyer Referral Service: texasbar.com — reduced-fee consultations

Many Texas legal aid organizations host free expunction clinics. Contact the organization serving your area and ask when the next clinic is scheduled.

Texas law draws a hard line: if you were convicted, the record stays. But if your case ended in an acquittal, a dismissal, or you successfully completed deferred adjudication, there is a pathway. The question is which pathway — expunction or nondisclosure — and whether you meet the specific requirements. Use the free options guide to find out where you stand.

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Not legal advice.

This article explains how Texas law generally works. Your specific situation may be different. If you have multiple convictions, charges in multiple states, or have been denied before, talking to a lawyer who handles expungement is worth the cost of a consultation. Free legal aid may be available — see the resources below.