A past arrest or charge can follow you for years, showing up on background checks for jobs, housing, and licensing long after the case itself is over. Texas law offers two different remedies for dealing with this: expungement, which removes a record entirely, and an order of nondisclosure, which seals it from public view. Knowing which one might actually apply to your situation is the first step toward doing something about it.
Two Different Remedies, Two Different Outcomes
Expungement, formally called expunction, is a court order requiring government agencies to destroy or remove records connected to a qualifying arrest, allowing you to legally deny the arrest happened in most situations. An order of nondisclosure works differently: it seals a record from public access, meaning most employers and the general public can no longer see it, but the record isn’t destroyed, and certain government agencies and licensing boards can still access it. Understanding which remedy actually fits your situation matters, because the eligibility requirements for each are genuinely different.
When Expungement May Be Available
Expunction generally applies in situations where a case didn’t result in a final conviction, including an acquittal at trial, charges that were never formally filed after an arrest, a dismissal of the charges, depending on the reason for the dismissal, or a pardon. Expunction is generally not available for a final conviction. If you’d like a deeper look specifically at how felony expunction eligibility works, we’ve covered that in more detail in a separate article on our blog.
When an Order of Nondisclosure May Be Available
An order of nondisclosure is generally aimed at a different situation: cases where someone received deferred adjudication community supervision and successfully completed it, rather than being convicted outright. In some circumstances, nondisclosure may also be available after certain misdemeanor convictions where a defendant successfully completed probation, depending on the offense. Because eligibility rules, required waiting periods, and disqualifying offense types can vary and are subject to change, confirming your specific eligibility with an attorney is an important step before assuming a nondisclosure order is available to you.
Why This Distinction Matters for Background Checks
Because expunction destroys a record while nondisclosure only seals it from public access, the practical effect on a background check differs. An expunged record generally shouldn’t appear at all on a standard background check, and you can typically answer as though the arrest never happened. A record under an order of nondisclosure won’t show up on most public or employer background checks, but certain government entities, licensing boards, and some employers required to conduct fingerprint-based checks may still see it.
Common Situations Worth Reviewing
A few common situations are worth a closer look if you’re wondering whether relief might apply to you: a charge that was dismissed after a plea agreement or pretrial diversion, a first-time offense resolved through deferred adjudication, an arrest that never resulted in formal charges being filed, or an old DWI case resolved through probation, since DWI records involve their own specific nondisclosure rules depending on the circumstances of the case.
Situations That Generally Don’t Qualify
Certain offenses and outcomes generally fall outside both expunction and nondisclosure eligibility, including many final felony convictions and certain categories of offenses that Texas law specifically excludes from nondisclosure regardless of how the case was otherwise resolved. If your case involved multiple charges from a single arrest, eligibility can also become more complicated, particularly if one charge resulted in a conviction while others didn’t.
What the Petition Process Generally Looks Like
Both expunction and nondisclosure require filing a formal petition, generally in the appropriate Texas court, along with complete and accurate information about the arrest, agencies involved, and case outcome. The state is typically notified and has an opportunity to respond, and a hearing may be required before the court issues an order. Once granted, it can still take time for all relevant agencies to actually update their records accordingly.
Why It’s Worth Addressing, Even Years Later
Many people assume too much time has passed to do anything about an old record, but that’s often not the case. If you meet the eligibility requirements, pursuing expunction or nondisclosure now can still meaningfully improve your ability to pass background checks for employment, housing, and other opportunities going forward.
How This Connects to Your Original Criminal Case
The outcome of your original criminal case often determines what relief is available to you later. This is one of many reasons a strong defense at the time of your criminal charge matters well beyond the immediate case, since a dismissal or a favorable resolution like deferred adjudication can open the door to clearing or sealing your record down the road.
Find Out What Options Are Available for Your Record
At John Delk Attorney at Law, we help clients throughout Texarkana and the surrounding area understand whether expungement or an order of nondisclosure applies to their situation, as part of our broader criminal defense practice. If you have an old arrest or charge you’d like cleared or sealed, reach out through our Contact page to talk about your case.
