Both remove your record from public view — but they work differently, and eligibility rules are strict. Here is how to determine which option fits your case.
Texas offers two distinct remedies for cleaning up a criminal record: expunction and non-disclosure. They are often confused — but they produce different results and have very different eligibility rules. Choosing the right remedy is the first and most important step.
Expunction — Complete Erasure
Expunction is authorized by Texas Code of Criminal Procedure art. 55. When granted, every agency with records of the arrest — police, courts, DPS, prosecutors, even private background-check vendors — must destroy or return those records. Legally, you may deny the arrest ever happened on most job applications.
Who’s Eligible for Expunction
- Cases that ended in acquittal (not guilty at trial)
- Cases that were dismissed (outright, or after completing pre-trial diversion)
- Cases where the grand jury returned a no-bill
- Pardon recipients
- Identity-theft victims — someone used your identity during arrest
- Class C misdemeanor deferred adjudications after successful completion
- Arrests where the statute of limitations has expired without charges
Non-Disclosure — Sealed From Public View
Non-disclosure is authorized by Texas Government Code §§ 411.071-411.0775. A non-disclosure order seals the record from most public access, including background checks run by private employers and landlords. However, the record remains accessible to law enforcement and certain licensing authorities (nursing, teaching, law enforcement, financial services, and firearms-related permits).
Who’s Eligible for Non-Disclosure
- Individuals who successfully completed deferred adjudication community supervision for most offenses
- Certain misdemeanor convictions after a 5-year clean waiting period under § 411.0736
- Some first-offense DWI cases resolved through deferred adjudication (post-September 2019)
Who’s NOT Eligible for Non-Disclosure
- Family violence offenses (even with deferred adjudication)
- Most sex offenses
- Murder, capital murder, aggravated kidnapping
- Injury to a child, elderly individual, or disabled individual
- Stalking, human trafficking
- Anyone with a disqualifying subsequent conviction
Side-by-Side Comparison
Both remedies improve your record, but their effects differ significantly:
- Expunction: Records destroyed; can deny arrest ever happened; all agencies must comply
- Non-Disclosure: Records sealed from public; must still disclose to law enforcement and certain licensing bodies
- Expunction Eligibility: Case must have ended favorably (dismissal, acquittal, no-bill)
- Non-Disclosure Eligibility: Usually requires completion of deferred adjudication or a waiting period after misdemeanor conviction
- Cost: Both have similar filing fees; attorney fees vary by complexity
The Petition Process
Both remedies follow a similar procedural path:
- Eligibility review: Confirm you qualify under the governing statute
- Petition drafting: List every agency with records of the arrest
- Filing and service: File in the court with jurisdiction; serve DPS, FBI, police, prosecutors, court clerks, and private background-check vendors
- Hearing: The court holds a hearing; unopposed petitions usually prevail if eligibility criteria are met
- Order enforcement: For expunction, agencies have 180 days to destroy records; for non-disclosure, records are flagged as sealed
Common Pitfalls
1. Missing an Agency
If your petition doesn’t include every agency with records of the arrest — even one private background-check vendor — that agency is not bound by the order, and your record may persist on background checks.
2. Premature Filing
Non-disclosure has strict waiting periods: 2 years after deferred for most misdemeanors, 5 years for felonies. Filing early results in denial.
3. Multiple Arrests Complicating Eligibility
Subsequent convictions, even minor ones, can disqualify you from non-disclosure. A careful eligibility review before filing is essential.
4. Incorrect Case Numbers or Dates
A single typo in the petition can result in denial. Records vary across multiple agencies, and reconciling them takes experience.
What an Expunction or Non-Disclosure Can’t Do
Private websites and news archives are not bound by Texas court orders. A mugshot published by a news outlet, for example, will not automatically come down. However, with a signed court order in hand, many websites voluntarily remove references, and we can provide documentation for background-check dispute letters under the Fair Credit Reporting Act.
Timeline and Cost
Most uncontested Collin County expunctions and non-disclosures are granted within 60-120 days of filing. Flat fees for expunction typically range from $1,200 to $2,500 depending on complexity and agency count. Non-disclosures range similarly, with fees adjusted for multi-case orders.
Start with a Free Eligibility Review
The fastest way to know which remedy applies to your case is a free eligibility review. Bring your disposition paperwork (or the case number), and L and L Law Group will confirm eligibility and provide a written flat-fee quote. Call (214) 466-1398.
This article is general information, not legal advice. Eligibility depends on the specific facts of your case — please consult a licensed Texas attorney.