(713) 309-6626May is a season of fresh starts. Whether you’re celebrating graduation, launching a new career, or simply ready to leave the past behind, now might be the perfect time to consider clearing your criminal record. In Texas, that’s done through either expunction or orders of non-disclosure. While they both aim to give you a second chance, they’re not the same—and knowing the difference is key.
In this post, we’ll walk you through:
- The difference between expunction and non-disclosure
- Who qualifies
- What kinds of cases are eligible
- How the process works
- Why having an attorney can make all the difference
Expunction vs. Non-Disclosure: What’s the Difference?
Expunction (or expungement) means that your criminal record is completely erased from public view. It’s like the offense never happened. The records are destroyed and removed from public databases, and you can legally deny that the arrest or case ever existed.
Order of Non-Disclosure, on the other hand, seals your record from public view—but it still exists. Certain government agencies and licensing boards can still access it. You won’t be able to deny the offense outright, but employers, landlords, and the general public won’t see it during a background check.
Who Qualifies for Expunction?
Expunction is only available in very specific situations in Texas. You might qualify if:
- Your charges were dismissed
- You were acquitted (found not guilty)
- You were arrested but never charged
- You completed a diversion program or pretrial intervention
- Your identity was stolen, and someone committed a crime in your name
However, convictions typically cannot be expunged—with a few rare exceptions. The timelines and eligibility can also depend on the type of offense and how long ago it occurred.
What About Non-Disclosure?
You may be eligible for an order of non-disclosure if you successfully completed deferred adjudication for a misdemeanor or certain non-violent felonies. That means you pled guilty or no contest, but the court withheld a formal conviction and dismissed the case once you met the conditions.
In some cases, you can also qualify if you received a probation sentence or even a conviction, but only for very specific misdemeanors and under certain conditions.
Important: Not all offenses qualify—crimes like family violence, sex offenses, and certain felonies are excluded.
Why Clear Your Record?
Having a criminal record—no matter how minor—can affect:
- Employment opportunities
- Housing applications
- Professional licensing
- College admissions
- Loan approvals
Clearing your record gives you the chance to move forward without your past holding you back. For many people, it’s the first real step toward a better future.
The Process: What to Expect
Here’s a general outline of what the process looks like:
- Determine Eligibility – This is where an attorney is crucial. Not all cases qualify, and timelines vary.
- File a Petition – A formal legal request must be filed with the court where the offense occurred.
- Court Hearing – In some cases, a judge will hold a hearing to review the request.
- Court Order Issued – If approved, the court will issue an order directing law enforcement and agencies to remove or seal the records.
- Implementation – It can take several months for the order to be fully processed.
Why You Need an Attorney
Trying to navigate the legal process alone can be overwhelming. An attorney can:
- Analyze your eligibility
- Help you gather the necessary documents
- Ensure you don’t miss important deadlines
- Advocate for your case in court
One small mistake can delay the process or lead to your petition being denied. Having the right legal guidance can make a huge difference.
Ready for a Fresh Start?
Everyone deserves a second chance. If you think you may qualify for expunction or an order of non-disclosure, let’s talk. I’ll review your case and help you understand your options clearly.
Don’t let your past define your future—take the first step today.
