Expungements vs. Non-Disclosure Orders in Texas: What You Should Know
Say you were arrested for a crime in Texas, but the case was ultimately dropped. Or what if you were charged with an offense and received deferred adjudication instead of a conviction? In either situation, you may assume that having no conviction means you have no criminal record.
That assumption would be wrong.
In Texas, arrest files, court proceedings, and case outcomes do not automatically disappear from your record. Without action, these prior criminal law interactions can haunt your future, showing up on background checks long after the case has been resolved. A criminal record can wreak havoc on important areas of your life, including:
Housing
Employment
Professional licensing
Child custody
And more
Thankfully, legal options exist to help clean up a person’s criminal history. While not all Texas criminal case outcomes are eligible to be cleared or sealed, many are, typically through:
Expungements (also referred to as expunctions), or
Non-disclosure orders (also referred to as record sealing).
Though these two options differ in their reach, both are powerful tools that can improve people’s criminal records and, in turn, improve their lives.
At Chris Perri Law, we’ve successfully helped countless clients navigate the complex legal system to take advantage of what these procedures can offer. It is our mission to educate fellow Texans about their legal rights and possibilities. In this article, we explain when and how expungements vs. non-disclosure orders in Texas can be most helpful.
To speak directly with an attorney for case-specific guidance, please call Chris Perri Law at (512) 269-0260 today.
What Is an Expungement?
An expungement—also called an expunction—is one of the most powerful legal tools available when it comes to improving a person’s criminal record in Texas. This procedure allows a person to completely erase a qualifying arrest from their history.
Under Texas law, however, a person is only eligible for an expungement if their arrest resulted in a complete case dismissal. More on eligibility below.
If you are granted an expunction, the arrest record for that specific charge will be completely erased—not even showing up for law enforcement. That means you can legally deny the arrest ever happened. If you later get into legal trouble, this prior charge will not be factored in, as prosecutors will not be able to see it.
Following a successful expunction, the arrest record is truly gone.
Who Is Eligible for an Expunction in Texas?
If a person was arrested for a crime but the charges were ultimately dismissed, then they may be eligible for an expungement. This applies if:
A prosecutor dismisses a case
The defendant was found not guilty at trial
A convicted defendant was later pardoned or exonerated
To be clear: if your case resulted in a deferred adjudication or conviction, then you are not eligible for an expunction in Texas.
Are There Time Restrictions on When to Apply for an Expungement?
Yes. In most cases, a person must wait until the statute of limitations for the charge has expired before applying for an expungement in Texas. The statute of limitations is the time period during which a prosecutor may still bring charges.
Here’s how statutes of limitations generally break down under Texas law:
Most misdemeanor-level crimes have a two-year statute of limitations, except for family violence assault cases, which have a three-year statute of limitations.
Most felony-level crimes have a three-year statute of limitations.
Certain serious felony offenses—like murder—have no statute of limitations, effectively making those arrest records unable to be expunged.
That said, prosecutors sometimes grant exceptions and allow charges with no statute of limitations to be expunged. Further, some counties allow people to apply for early expungements before the statute of limitations has expired, such as when a person successfully completes a pretrial diversion program.
A qualified attorney with ample experience in Texas expunction law and knowledge of local policies can advocate on your behalf.
What Is a Non-Disclosure Order?
A non-disclosure order, commonly referred to as record sealing, provides an opportunity for a person to conceal their Texas criminal record from the public, including:
Rental property agencies
Schools
Most employers
However, law enforcement and Texas professional licensing agencies, like the Texas Medical Board or the Texas State Board of Plumbing Examiners, would still be able to see the criminal record.
Because a non-disclosure order does not actually delete a criminal record, the effect is not as transformative as an expungement. Still, recording sealing does benefit people’s lives and is often well worth pursuing.
What Are the Eligibility Requirements for Non-Disclosure Orders in Texas?
Eligibility for a non-disclosure order can be complicated, and speaking directly with an experienced defense attorney is often the best way to determine whether you qualify.
Generally speaking, a non-disclosure order could be an option if the case resulted in either:
A misdemeanor-level conviction or
A deferred adjudication.
A deferred adjudication occurs when a person admits to the elements of an offense, but the court agrees to hold off on a formal conviction in Texas and places the defendant on probation. If the person successfully completes probation and avoids further legal trouble, the case does not result in a true conviction. This distinction is especially important in felony cases, as felony convictions in Texas carry severe consequences, including the loss of firearm rights.
Certain Exclusions to Record Sealing
Texas Law bars certain serious offenses from record sealing eligibility, even if the case resulted in a deferred adjudication. While not an exhaustive list, some disqualified crimes include:
Stalking
Child injury or endangerment
Violation of a protective order
Deferred Adjudication Record Sealing Eligibility in Texas
If your case resulted in a deferred adjudication, you may be eligible for a non-disclosure order if all the following apply:
You successfully completed probation.
The required waiting period has passed, which varies by offense level:
Low-level misdemeanors often have no waiting period.
More serious misdemeanors require a two-year waiting period.
Felony-level offenses require a five-year waiting period.
You have avoided further criminal trouble during probation and/or the waiting period.
The crime is not one of the disqualified ones mentioned above, such as stalking.
You have never been convicted or placed on deferred adjudication for one of the above-mentioned excluded crimes.
Misdemeanor-Level Convictions Record Sealing Eligibility in Texas
With some exceptions, most misdemeanor-level convictions are eligible for non-disclosure orders. Texas DWI convictions, in particular, have additional requirements discussed below.
Following a misdemeanor conviction, you may be eligible for record sealing if:
You’ve completed your sentence, whether probation or jail time.
Any required waiting period has passed.
You have avoided additional criminal charges.
The crime is not related to domestic violence.
You have never been convicted or placed on deferred adjudication for one of the specifically disqualified crimes.
DWI-Specific Non-Disclosure Order Requirements in Texas
To qualify for a non-disclosure order following a Driving While Intoxicated conviction in Texas, a person must adhere to additional eligibility requirements. These include:
The DWI must be the person’s first criminal offense ever (excluding minor traffic offenses).
The DWI must not be “enhanced,” such as by a blood alcohol level over .15 or a collision involving another person.
The person must complete a five-year waiting period without accruing additional criminal charges. This waiting period may be reduced to three years if the person used an ignition interlock device for at least six months during their probation.
Are There Any Other Ways to Remove a Criminal Conviction from My Record in Texas?
Many people reach out to Chris Perri Law believing they may be eligible for an expungement or non-disclosure order, only to sadly learn that they are not eligible because their case resulted in a conviction that does not qualify for either.
However, if you believe that you or a loved one was wrongfully convicted in Texas, you may still have options, including:
Filing a criminal appeal—though this is very time sensitive
Seeking relief through a writ of habeas corpus
Petitioning the governor’s office for a pardon
Unlike most criminal defense firms that only handle active trial cases, Chris Perri Law focuses much of our practice on post-conviction criminal law at both the state and federal level. If you or someone you care about is seeking to overturn a wrongful criminal conviction in Texas, we may be able to help.
No Matter the Circumstances, Chris Perri Law Is Prepared to Advocate on Your Behalf.
Whether you’re eligible for an expunction, non-disclosure order, writ of habeas corpus, appeal, or you’re simply unsure, we at Chris Perri Law are here to guide you. Our firm is passionate about helping people improve their criminal record so they can move forward and live their best lives possible.
This is why Chris Perri helped found the Expunction Project at the University of Texas Law School and has taught numerous educational courses to lawyers about these complex procedures. An award-winning Austin criminal defense attorney with over twenty years of experience, Chris Perri is committed to ensuring your Texas criminal record looks as clean as legally possible.
To learn more about your options, contact Chris Perri Law at (512) 269-0260 to schedule a free consultation today.