A criminal record can continue to affect employment, housing, professional licensing, and other opportunities long after a case has ended. Texas law provides two important forms of criminal-record relief: expunctions and orders of nondisclosure.
An expunction can require qualifying criminal records to be destroyed, deleted, or returned by the agencies covered by the court's order. An order of nondisclosure generally restricts public disclosure of qualifying criminal-history information, although certain governmental and other authorized entities may still have access.
These remedies are different, and eligibility depends on the circumstances of the individual case. A Texas expunction attorney can evaluate the case history and disposition to determine which form of record relief may be available.
Expunctions & Orders of Nondisclosure in Texas
Texas Expunctions
An expunction can remove qualifying arrest and case records from the criminal-history systems covered by the court's expunction order. Unlike an order of nondisclosure, an expunction generally requires covered agencies to destroy, delete, or return qualifying records in accordance with Texas law.
Not every arrest or criminal case qualifies. Eligibility can depend on how the case was resolved, whether charges were filed, applicable waiting periods, prior or related offenses, and other statutory requirements.
Expunctions in Texas
UNDERSTANDING YOUR OPTIONS
Who May Qualify?
You may qualify for an expunction if you were acquitted, pardoned, arrested but never formally charged, or your case was dismissed under circumstances that satisfy Texas law. Eligibility depends on how the case was resolved, the charges involved, applicable waiting periods, and other facts surrounding the arrest.
How Long Do I Have to Wait?
There is no single waiting period for every expunction. Depending on the circumstances, Texas law may require 180 days, one year, three years, or another applicable period before an expunction is available. Some cases may qualify without those waiting periods. The appropriate timeline depends on the offense, whether formal charges were filed, how the case was resolved, and other statutory requirements.
What Does an Expunction Accomplish?
Once an expunction order becomes final, Texas law generally prohibits the release, maintenance, dissemination, or use of the expunged records. The person may generally deny the occurrence of the arrest and the existence of the expunction order, subject to a limited exception when questioned under oath in a criminal proceeding.
Texas Orders of Nondisclosure
An order of nondisclosure does not destroy or expunge a criminal record. Instead, it generally restricts criminal justice agencies from disclosing qualifying criminal-history record information to the public.
The information does not disappear entirely. Certain law-enforcement agencies, governmental entities, licensing authorities, and other entities authorized by Texas law may still have access to the record. Eligibility depends on the offense, how the case was resolved, and other statutory requirements.
Nondisclosures in Texas
Frequently Asked Questions
Who May Qualify?
Texas law provides several paths to an order of nondisclosure. Depending on the offense, criminal history, and how the case was resolved, eligibility may be available after:
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Successful completion of deferred adjudication
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Certain misdemeanor convictions
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Certain qualifying first-offense DWI convictions
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Certain qualifying misdemeanor deferred-adjudication cases that may be eligible for automatic nondisclosure
Eligibility is determined by the specific nondisclosure statute that applies to the case.
How Long Do I Have to Wait?
The waiting period depends on the specific nondisclosure statute that applies to the case. Some qualifying cases may be eligible without an additional waiting period after completion of the sentence or deferred adjudication, while others require a statutory waiting period before a petition may be filed.
The applicable period depends on factors including the offense, how the case was resolved, and the particular provision of Texas law under which nondisclosure is sought.
What Can Prevent Eligibility?
Texas law excludes certain offenses from nondisclosure eligibility, including specified offenses involving:
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Sex-offender registration
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Aggravated kidnapping
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Murder and capital murder
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Human trafficking
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Injury to a child, elderly individual, or disabled individual
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Certain violations of protective orders
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Stalking
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Family violence
A person's criminal history and certain criminal conduct during the applicable period may also prevent eligibility.
Find Out What Record Relief May Be Available
Whether your case was dismissed, you completed deferred adjudication, or you have a prior conviction, eligibility for record relief depends on the specific facts of your case and the Texas law that applies.
Contact The Law Office of Anthony A. Washington, PLLC to discuss whether you may qualify for an expunction or order of nondisclosure.
This information is provided for general educational purposes and is not legal advice. Eligibility for an expunction or order of nondisclosure depends on the specific facts, charges, criminal history, disposition, and applicable Texas law.