Expunction vs. Non-Disclosure in Texas — When You Get Which

Expunction destroys the record. Non-disclosure seals it. Different statutes, different eligibility rules, different practical effects. The choice between them is not yours to make — Texas law decides which one your case qualifies for, and in most cases, only one of them is available.

This page explains the difference, the eligibility rules under Article 55A.101 of the Texas Code of Criminal Procedure and Texas Government Code Chapter 411, Subchapter E-1, and how to figure out which one applies to your case.

The short answer

Expunction is a court order that requires designated law enforcement agencies to destroy all the records in their possession pertaining to the arrest. Every government agency that holds a file on the arrest must destroy or return it. After the order takes effect, you can legally deny the arrest occurred — on employment applications, housing applications, and most professional licensing forms. Federal and immigration contexts have separate rules under federal law.

Practical note for clients in immigration proceedings: If you have your attorney expunge an arrest record while you are in the midst of immigration proceedings, have your attorney hold a copy of all pertinent case documents. Immigration Courts require disclosure of certain reports, and many people have discovered the hard way that once a case is expunged, retrieving those necessary documents becomes impossible.

Non-disclosure is a court order that seals the record from the public. Most employers, landlords, and background-check vendors cannot see it. Law enforcement, prosecutors, licensing boards, school districts, medical boards, and certain regulated employers still can.

For the most part, the rule is this: if you completed a deferred adjudication probation successfully, after a statutory waiting period (usually two years for misdemeanors and five years for a felony), you become eligible for non-disclosure.

If you qualify for an expunction, you want the expunction. It is the more complete remedy and there is no situation where a non-disclosure is better when both are available. The reason most people end up with a non-disclosure is that an expunction is not available to them.

Who qualifies for expunction

Expunction eligibility under Article 55A.101 is limited to specific paths:

• Acquittal after trial. A jury or bench verdict of not guilty.
• Dismissal with no further proceedings. Cases dismissed outright, no-billed by the grand jury, or resolved through successful completion of certain pretrial diversion programs.
• Arrest with no charge ever filed. Arrested but no charge presented to a court, with the applicable statute of limitations expired.
• Pardon. A full pardon on the offense.
• Class C misdemeanor after deferred disposition. Once you complete a Class C deferred under Article 45.051, the charge can usually be expunged.

Each path has its own waiting period. An arrest that was never charged runs on the statute of limitations: 180 days for most Class C misdemeanors, two years for Class A and B misdemeanors, three years for most felonies. A dismissal can usually be filed for expunction once any appeal period has run and prosecution is off the table.

One narrow exception to the no-conviction rule. In certain cases, a conviction for a Class C misdemeanor pertaining to underage drinking (Minor in Possession or Minor in Consumption) may be expunged under the Texas Alcoholic Beverage Code. Under current law, this is the sole exception to the general rule that convictions cannot be expunged.

Who does not qualify for expunction

The common scenarios that disqualify you from expunction:

• DWI probation completed. If you were placed on probation for DWI and completed it, you are not eligible for expunction. A non-disclosure may be available depending on the specifics. More on DWI expunction in Texas.
• Deferred adjudication completed on most charges. Deferred adjudication is not expunction-eligible in most circumstances. Non-disclosure under Texas Government Code Chapter 411 is the available remedy.
• Final conviction. A conviction after trial or plea is not expungeable outside of a full pardon.
• Conditional dismissal still pending. If the case was dismissed on the condition that you complete a program, the expunction clock starts after successful completion.

Who qualifies for non-disclosure

Non-disclosure eligibility is governed by Texas Government Code Chapter 411, Subchapter E-1. The general rule: if you successfully completed deferred adjudication on a qualifying offense, you may petition the court to seal the record after the applicable waiting period.

Waiting periods vary by offense category:

• Most misdemeanors: Two years from the date of dismissal.
• Misdemeanors involving family violence, weapons, or certain sexual offenses: Three years from the date of dismissal.
• Felonies eligible under Subchapter E-1: Five years from the date of dismissal.
• First-time DWI non-disclosure: Either a two-year or five-year waiting period, depending on whether the probation was completed successfully and whether at least six months of ignition interlock was completed in the vehicle.

Some offenses are categorically barred from non-disclosure regardless of outcome — including murder, capital murder, aggravated kidnapping, certain sex offenses, family violence with serious bodily injury, and offenses requiring registration as a sex offender.

The practical difference, side by side

What expunction does that non-disclosure does not:

• Physically destroys every government file on the arrest. The record does not exist anywhere it can be retrieved.
• Removes the record from the DPS criminal history database entirely.
• Allows you to legally deny the arrest occurred under oath in most contexts.
• Removes the record from commercial background-check vendors on their next refresh cycle.

Non-disclosure basics:

• Available after deferred adjudication.
• Provides meaningful relief from the most common record-check scenario — private employers, landlords — without requiring the legal precondition of a dismissal or acquittal.
• Inferior to an expunction, but better than nothing.

What both share:

• Both require filing a petition in the proper court.
• Both require service on every agency holding a record.
• Both require a hearing.
• Both take effect only after the judge signs the order — not at filing, not at hearing.

How the firm handles these petitions

Kenneth Hines leads expunction and non-disclosure filings at the firm. Every petition filed at the firm goes through the same process. The case file is reviewed by all three attorneys at weekly case-review meetings. Kenneth handles drafting and the hearing. The firm files the petition, serves every required agency, appears at the hearing, and ensures that all appropriate law enforcement agencies are included in the order.

Counties where the firm files

Travis, Williamson, Hays, Bell, Burnet, Gillespie, Blanco, Bastrop, Caldwell, and Comal Counties.

Fees

Flat fee, no hourly billing, no surprise add-ons. The fee covers preparation, filing fees, service fees on all agencies, the hearing, and providing the client with a certified copy of the signed order.

• Expunctions filed in Travis County: starting at $1,900
• Expunctions filed outside Travis County: starting at $2,500
• Non-disclosure petitions: starting at $1,900

District clerk filing fees (currently in the $300 to $400 range depending on county) are included in the flat fee.

Timing

From engagement to filing is typically a week or less. It can take additional time if the clerk of court has to retrieve a particularly old file from storage. From filing to hearing is typically 35 to 60 days depending on the court’s docket. The order takes effect immediately after the judge signs, but DPS and the commercial background-check vendors take additional time to update their databases. By statute, no agency may still hold records 12 months after the date the expunction order is signed.

Which one applies to your case

The honest answer is that the question is rarely as simple as “expunction or non-disclosure.” It depends on how your case resolved, what charge you pleaded to or were convicted of, what waiting periods apply, and whether your case falls into one of the categorical bars.

A free consultation is the fastest way to find out. We pull the case disposition, identify which statutory path applies, and tell you the timeline and cost before you decide whether to hire the firm.

Call (512) 369-3737. Available 24 hours.

Related expunction guides

• Expunction in Texas — overview — Hub page covering eligibility, process, and fee structure across all charge types.
• Charge dismissed in Texas? Your record isn’t clean yet — A dismissal ends the prosecution. The arrest, charge, and disposition stay on the record until a judge signs an expunction order under Article 55A.101.
• DWI expunction in Texas — DWI cases follow specific rules because Texas does not allow deferred adjudication for DWI. The expunction path runs through dismissal or acquittal.