Many Texans are surprised to learn that an arrest alone—even without a conviction—can follow them for years. Background checks affect employment, housing, professional licensing, and business opportunities. Fortunately, Texas law provides two powerful remedies:
- Expunctions, which erase records entirely
- Orders of Nondisclosure, which seal records from public view
Understanding the difference can make the difference between a clean slate and permanent damage to your reputation.
This article explains how record clearing works under Texas law and when you may qualify.
What Is an Expunction Under Texas Law?
An expunction is the strongest form of record clearing. When granted, it allows a person to lawfully deny that the arrest ever occurred.
Texas law provides for expunctions under Texas Code of Criminal Procedure § 55.01, which states in part:
“A person who has been placed under a custodial or noncustodial arrest… is entitled to have all records and files relating to the arrest expunged” if certain conditions are met.
Common Grounds for Expunction
You may qualify for expunction if:
- You were arrested but never charged
- Your case was dismissed
- You were acquitted at trial
- You received a pardon
- The statute of limitations expired without charges
Effect of an Expunction
Once granted:
- Law enforcement must destroy records
- Courts must remove files
- Private databases must comply
- You may legally say the arrest never happened
This is true legal erasure—not merely sealing.
What Is an Order of Nondisclosure?
If you are not eligible for expunction, you may qualify for an Order of Nondisclosure.
These orders are governed by Texas Government Code Chapter 411, Subchapter E-1, including § 411.0715 and related sections.
The statute provides that eligible individuals may petition to:
“Prohibit criminal justice agencies from disclosing criminal history record information to the public.”
What Nondisclosure Does (and Does Not) Do
✔ Seals records from public background checks
✔ Prevents most employers from seeing the case
✔ Protects your reputation
✘ Does NOT erase records
✘ Law enforcement still sees them
✘ Some licensing agencies still have access
Nondisclosure is best viewed as privacy protection, not destruction.
Eligibility for Orders of Nondisclosure
Eligibility depends on how your case was resolved.
Deferred Adjudication
Many nondisclosures arise from deferred adjudication under Texas Code of Criminal Procedure § 42A.101.
If you successfully completed deferred probation and were discharged, you may qualify unless your offense is excluded.
Automatic vs. Petition-Based Nondisclosure
Recent reforms created two paths:
Automatic Nondisclosure
Some misdemeanors are sealed automatically after waiting periods.
Petition-Based Nondisclosure
More serious offenses require filing a formal petition and court approval.
Waiting periods range from immediate eligibility to five years, depending on the offense.
Offenses That Cannot Be Sealed or Expunged
Texas law excludes certain crimes from relief, including:
- Family violence offenses
- Sex offenses
- Human trafficking
- Murder and capital murder
- Injury to a child
These limitations appear throughout Chapter 411 and related statutes.
If your case involved domestic violence or serious bodily harm, record clearing may be unavailable.
The Legal Process: How Record Clearing Works
Step 1: Determine Eligibility
A lawyer reviews:
- Final disposition
- Dates
- Charges
- Probation status
- Waiting periods
Mistakes here can result in permanent denial.
Step 2: File a Verified Petition
Expunction petitions are filed under Code of Criminal Procedure § 55.02 and must include:
- All agencies involved
- Correct case numbers
- Exact arrest details
- Sworn verification
Nondisclosure petitions follow Chapter 411 requirements.
Step 3: Serve Agencies
Every agency—police, DPS, prosecutors, courts—must be properly served.
Failure to serve all parties can invalidate the order.
Step 4: Court Hearing (If Required)
Some cases are decided on paperwork. Others require hearings where evidence and legal arguments are presented.
Step 5: Enforcement and Compliance
Once granted, agencies are legally required to comply. Follow-up is often necessary to ensure databases are updated.
Why DIY Expunctions and Nondisclosures Often Fail
Many people try to handle these cases alone and run into problems such as:
- Filing under the wrong statute
- Missing agencies
- Incorrect dates
- Incomplete verifications
- Ineligible filings
Courts regularly deny defective petitions, and some denials prevent refiling.
A small procedural mistake can permanently block relief.
How Clearing Your Record Helps Your Future
A successful expunction or nondisclosure can:
- Improve job prospects
- Increase housing approval
- Protect professional licenses
- Reduce insurance risk
- Improve credit and financing access
- Restore privacy
For business owners and professionals, record clearing is often essential to long-term success.
When You Should Speak With a Texas Attorney
You should seek legal advice if:
- Your case involved multiple charges
- You had prior convictions
- Your probation was modified
- You are unsure of eligibility
- Your career depends on clean records
These cases are technical and heavily statute-driven.
Final Thoughts: Record Clearing Is a Legal Investment
Texas provides powerful tools for second chances—but only if used correctly.
Whether through expunction under Chapter 55 or nondisclosureunder Chapter 411, the law allows many Texans to move forward without being haunted by past mistakes.
If you believe your record may qualify for relief, consulting an experienced Texas attorney can protect your rights and maximize your future opportunities.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
