Texas Nondisclosure and Expunction Guide

Everything is bigger in Texas—including the complexity of its criminal record laws. If you have an arrest or a conviction on your record in the Lone Star State, you must navigate a strict, dual-track system to clear your name. This Texas Nondisclosure and Expunction Guide will help you understand the exact mechanisms available to protect your future from a past mistake.

Texas is famously tough on crime, but the state legislature also recognizes the importance of putting people back to work. As a result, they have built specific legal pathways that allow individuals to hide or destroy their criminal histories, provided they meet very rigid criteria.

The Two Paths: Expunction vs. Nondisclosure

If you are researching how to clear your record in Texas, you must immediately understand the difference between the state's two remedies: Expunction and an Order of Nondisclosure.

As detailed in our general guide on the differences between expungement and sealing, these two paths offer vastly different levels of protection. In Texas, you do not get to choose which path you take. The outcome of your specific criminal case dictates exactly which remedy you are legally permitted to pursue.

Texas Expunction: Complete Erasure

An Expunction in Texas is the holy grail of criminal record relief. When a Texas judge signs an Order of Expunction, they are ordering all state agencies, county clerks, and police departments to physically destroy all records of your arrest and prosecution.

You can legally deny the arrest ever occurred, and if a private background check company asks the county clerk for the record, the clerk will truthfully answer that no such record exists.

Who is eligible for an Expunction in Texas?
Because expunction is so powerful, Texas reserves it almost exclusively for people who were never convicted. You generally qualify if:

• You were arrested but charges were never formally filed.
• The charges against you were dismissed.
• You went to trial and were found "Not Guilty" (acquitted).
• You successfully completed a pretrial diversion program.
• You were pardoned by the Governor.

Orders of Nondisclosure (Record Sealing)

If you plead guilty or no contest and were convicted (or placed on deferred adjudication), you are generally barred from receiving an expunction. Instead, you must seek an Order of Nondisclosure.

A Nondisclosure order seals your record from the general public. Private employers, landlords, and nosy neighbors will not be able to see it. However, the record is not destroyed. It remains visible to law enforcement, state licensing boards (like the Texas Medical Board or the State Bar), and certain public entities (like school districts).

The Crucial Role of Deferred Adjudication

The most common path to an Order of Nondisclosure in Texas is through Deferred Adjudication.

Deferred Adjudication is a special type of probation. If you plead guilty or no contest, the judge "defers" a finding of guilt and places you on probation. If you successfully complete the probation, the judge dismisses the case.

Warning: While the case is technically "dismissed" after deferred adjudication, Texas law explicitly states that this type of dismissal does not qualify for an Expunction. You must file for an Order of Nondisclosure.

In recent years, Texas has expanded Nondisclosure laws (the "Second Chance Law") to allow sealing for certain low-level, non-violent misdemeanor convictions even if the person did not receive deferred adjudication (e.g., they served jail time or paid a fine), provided they meet specific waiting periods and have no other criminal history.

Texas Waiting Periods

The timeline for relief in Texas is strictly regulated by statute.

• Expunctions (Dismissals/Acquittals): You can often file immediately after the statute of limitations expires, or sooner if the prosecutor agrees.
• Nondisclosure (Most Misdemeanors): Generally requires a waiting period of 2 years after completing deferred adjudication or your sentence. Some minor misdemeanors have no waiting period.
• Nondisclosure (Felonies): Generally requires a waiting period of 5 years after completing deferred adjudication. (Note: True felony convictions that did not involve deferred adjudication are rarely eligible for sealing in Texas).

If your charge falls into a category of severe violence or sex offenses, you should review our guide on what felonies cannot be expunged, as Texas strictly forbids sealing or expunging these crimes.

How to File in Texas

Filing in Texas requires preparing a Petition and a proposed Order, and filing them in the District or County Court where the offense occurred.

The clerk will charge a filing fee (typically around $300-$350, though it varies by county). The court will then schedule a hearing, giving the District Attorney or the Department of Public Safety (DPS) a chance to object. If your paperwork is perfect and you clearly meet the statutory requirements, many judges will sign the order without requiring a formal hearing.