Having a criminal record in Texas can affect many aspects of a person’s life, from job opportunities and housing applications to professional licenses and education. Fortunately, Texas law provides two primary legal mechanisms to help individuals move on from past mistakes: expunction and nondisclosure. While both offer a form of relief by limiting public access to criminal history, they differ in purpose, eligibility, and the extent of protection they offer. Understanding the difference between expunction and nondisclosure in Texas is crucial for anyone trying to clean up their criminal record and secure a better future.
What Is Expunction in Texas?
Expunction, sometimes referred to as expungement, is a legal process that allows a person to permanently erase certain criminal records from their history. Once a record is expunged, it is as if the offense never occurred. The individual can legally deny the arrest or charge in most situations, including on job or housing applications.
Eligibility for Expunction
Texas law limits expunction to specific circumstances. You may qualify for an expunction if:
- You were arrested but never charged
- Your case was dismissed
- You were acquitted (found not guilty)
- You received a pardon from the governor
- You completed a pretrial diversion or intervention program in some cases
Certain convictions are not eligible for expunction, and strict waiting periods may apply depending on the type of offense and outcome. For example, if you were arrested but not charged, you may need to wait a few years before filing for expunction.
Benefits of Expunction
Once your record is expunged in Texas, it is destroyed from databases accessible to the public and most government agencies. This means:
- Employers will not see the record during background checks
- You can deny the incident ever happened, with a few legal exceptions
- Your arrest and court records are physically and digitally removed
This process offers the highest level of privacy and relief from the consequences of a criminal history.
What Is an Order of Nondisclosure?
An order of nondisclosure does not erase a criminal record like expunction does, but it seals the record from public view. This means private employers, landlords, and most non-government entities cannot access the information. However, the record remains visible to certain government agencies, including law enforcement, licensing boards, and courts.
Eligibility for Nondisclosure
Texas allows individuals to request an order of nondisclosure if they successfully completed deferred adjudication or served a sentence and met certain conditions. Common requirements include:
- Completion of deferred adjudication or community supervision
- No disqualifying offenses on your record
- Compliance with required waiting periods (which vary by offense)
Some offenses are never eligible for nondisclosure in Texas, including:
- Sexual assault or offenses requiring sex offender registration
- Family violence offenses
- Certain violent crimes like murder or aggravated kidnapping
The rules are complex, and eligibility may also depend on whether the offense occurred before or after recent changes in Texas law.
Benefits of Nondisclosure
While nondisclosure does not completely erase a criminal record, it provides substantial benefits by limiting who can access the information. Advantages include:
- Increased privacy from public searches
- Better chances of employment and housing approval
- Protection from stigma or discrimination based on past mistakes
Nondisclosure is particularly useful for individuals who completed deferred adjudication successfully and want to avoid the long-term effects of having a criminal record.
Comparing Expunction and Nondisclosure
Though both legal tools provide relief, there are key differences between expunction and nondisclosure in Texas. Here’s a quick comparison to help understand the distinctions:
| Feature | Expunction | Nondisclosure |
|---|---|---|
| Effect on Record | Deletes it completely | Seals it from the public |
| Who Can Access | Almost no one | Some government agencies |
| Eligible Offenses | Very limited | Broader, but with exclusions |
| Legal Impact | Can legally deny arrest | Must admit existence in some cases |
| Typical Use | Dismissals, acquittals | Deferred adjudication completion |
Steps to Apply for Expunction or Nondisclosure in Texas
The process for either expunction or nondisclosure can be complex, and legal assistance is often recommended. However, the general steps include:
For Expunction
- Confirm your eligibility based on case outcome and waiting period
- File a Petition for Expunction in the appropriate district court
- Attend a court hearing if required
- If granted, send the court order to all agencies holding your record
For Nondisclosure
- Determine eligibility based on offense, completion of sentence, and waiting period
- File a Petition for Order of Nondisclosure in the court where the case was heard
- Attend a hearing if required
- Once granted, the order will be sent to the Department of Public Safety to seal the record
Common Misunderstandings
There are several misconceptions about expunction and nondisclosure in Texas:
- My record is automatically cleared after a dismissal: False. You must file for expunction or nondisclosure; it does not happen automatically.
- Once sealed, no one can ever see my record: False. Some government agencies still have access under nondisclosure.
- I can file immediately after my case is closed: False. Most cases require a waiting period before you can apply.
Understanding the law and taking proactive steps is key to gaining the full benefits these legal remedies offer.
Expunction and nondisclosure offer powerful options for individuals in Texas seeking to overcome the lasting effects of a criminal record. While expunction completely erases qualifying records, nondisclosure hides them from public view, providing substantial relief and renewed opportunities. The eligibility criteria, legal procedures, and consequences of each are different, making it essential to assess your specific situation carefully. Whether you are eligible for one or both, pursuing expunction or an order of nondisclosure can lead to a brighter future with fewer barriers to employment, housing, and personal growth.