A criminal record can follow you long after the case is over. It shows up on background checks for jobs, apartments, professional licenses, and school applications — even when you were never convicted. Texas law provides two ways to deal with that record: expunction and nondisclosure. They are not the same thing, and you usually only qualify for one.
Here’s what each does, who qualifies, and how the timeline works.
Expunction vs. Nondisclosure: The Core Difference
An expunction destroys the record. Every government agency that holds a file on the arrest has to either return it to the court or physically destroy it. Once the order is final, you can legally deny the arrest ever happened in most situations. Expunctions are governed by Chapter 55A of the Texas Code of Criminal Procedure (renumbered from Chapter 55 in the 2023 recodification under HB 4504).
A nondisclosure seals the record. It is hidden from the general public — employers, landlords, most background-check companies — but law enforcement, prosecutors, licensing boards, and certain regulated employers (school districts, hospitals, banks, government agencies) can still see it. Nondisclosures are governed by Chapter 411, Subchapter E-1 of the Texas Government Code.
If you qualify for an expunction, that’s what you want. Nondisclosure is the fallback when expunction isn’t available.
Who Qualifies for an Expunction
Expunction eligibility under Article 55A.101 is narrow. The main paths:
- Acquittal. Found not guilty at trial.
- Dismissal. Case dismissed outright, no-billed by the grand jury, or resolved through certain pretrial diversion programs.
- No charges filed. You were arrested but the prosecutor never filed an information or indictment, and the statute of limitations has run or the prosecutor certifies the records aren’t needed.
- Pardon. Full pardon, especially one based on actual innocence.
- Class C deferred disposition. Once you complete a Class C deferred under Article 45.051.
What disqualifies you: a final conviction (outside of pardon), completed deferred adjudication on most charges, or completed probation. DWI probation specifically does not qualify — that’s a nondisclosure question, if anything.
Expunction Waiting Periods
The clock depends on how the case ended:
- Acquittal: As soon as 30 days after the not-guilty verdict.
- Dismissal: Generally once the appeal window has closed and prosecution is off the table.
- No charges filed, Class C arrest: 180 days from the arrest date.
- No charges filed, Class A or B misdemeanor: 1 year from arrest (statute of limitations is 2 years).
- No charges filed, most felonies: 3 years from arrest (matches the general felony limitations period).
- Pardon: After the pardon issues.
There is no maximum deadline. An arrest from 2010 that meets the criteria is just as eligible as one from last year.
Who Qualifies for a Nondisclosure
Nondisclosure is mostly the remedy for people who completed deferred adjudication or, in some cases, straight probation or jail time on lower-level offenses. The path depends on the offense:
- §411.072 (Automatic nondisclosure): First-time offenders who completed misdemeanor deferred adjudication for a qualifying offense after September 1, 2017. Excludes Penal Code Chapters 20, 21, 22, 25, 42, 43, 46, and 71 offenses.
- §411.0725 (Standard deferred nondisclosure): Felony deferred adjudication, or misdemeanor deferred adjudication that doesn’t qualify for the automatic version.
- §411.0726: DWI/BWI misdemeanors after completing deferred adjudication.
- §411.073: Straight probation for certain non-excluded misdemeanors (first-time offenders).
- §411.0735: Misdemeanor convictions where you served jail time.
- §411.0731 / §411.0736: DWI convictions where you completed probation or served jail time.
Across the board, you lose eligibility if you have any other conviction or deferred adjudication — other than a fine-only traffic ticket — either at the time of the offense, during supervision, or during the waiting period. Certain offenses (sex offender registration, aggravated kidnapping, family violence findings) are permanently barred.
Nondisclosure Waiting Periods
These start from the date of discharge and dismissal (or release from confinement, depending on the section):
- §411.072 automatic: No waiting period — file as soon as you’re discharged.
- §411.0725 misdemeanors (non-violent): No waiting period.
- §411.0725 misdemeanors under Penal Code Ch. 20, 21, 22, 25, 42, 43, or 46: 2 years.
- §411.0725 felonies: 5 years.
- §411.073 straight probation: Immediate for most; 2 years for offenses under those same chapters.
- §411.0735 jail-time misdemeanors: Class C punishable by fine only is immediate; otherwise 2 years after release from confinement.
- §411.0736 DWI with jail time: 3 or 5 years after sentence completion, depending on the offense.
Step-by-Step: How the Process Works
The procedure is similar for both, but they’re filed differently and the standards differ.
Step 1 — Confirm eligibility. Pull your DPS criminal history report and identify the exact disposition. The wrong filing section gets the petition denied even if you’re otherwise eligible.
Step 2 — Identify every agency. Your petition has to list every law enforcement agency, jail, court clerk, prosecutor’s office, and private background-check company that might hold the record. Missing one means the record stays in that agency’s database. The TRN (Tracking Incident Number) from DPS is required.
Step 3 — Draft and file the petition. Expunction is a verified civil petition filed in the district court of the county of arrest (or for fine-only offenses, sometimes justice or municipal court of record). Nondisclosure is filed in the court that placed you on deferred adjudication or convicted you.
Step 4 — Notice and waiting period. For expunction, the court schedules a hearing at least 30 days after filing; the clerk serves notice on every listed agency by certified mail or approved electronic delivery. For nondisclosure, the court notifies the prosecutor, who decides whether to challenge.
Step 5 — Hearing. For expunction, any agency can appear and oppose, though most don’t if you qualify. For nondisclosure, a hearing happens only if the prosecutor requests one. The standard for nondisclosure is “best interests of justice,” which gives the judge discretion that expunction doesn’t.
Step 6 — Order and distribution. If granted, certified copies of the order go to DPS, the Office of Court Administration, and every listed agency. For expunction, agencies destroy or return the records. For nondisclosure, DPS has 10 business days to seal the record and forward the order to the agencies listed in §411.075(b).
Step 7 — Follow up. Even with a court order in hand, private background-check companies don’t always update promptly. Pull your background report a few months later and demand corrections from any company still reporting the record.
How Long the Whole Process Takes
From filing to final order:
- Uncontested expunction: Typically 60–120 days. The 30-day notice period plus court scheduling and the time it takes agencies to comply.
- Contested expunction: Add several months if an agency or the State opposes.
- Nondisclosure without a hearing: Often 30–90 days.
- Nondisclosure with a hearing: 60–120 days, depending on the docket.
After the order is signed, expect another 30–60 days for DPS and the agencies to actually process the order and update their systems. Background-check vendors can take longer.
A Few Things People Miss
A dismissal is not a clean record. The arrest, the charge, and the disposition all stay on file until a judge signs an expunction order. Employers see “dismissed” — they also see the arrest and the charge.
Waiting too long doesn’t hurt you, but waiting carries its own cost — every month the record is out there is a month it can show up on a background check.
Nondisclosure is selective. It seals the offense subject to the order, not your entire criminal history. If you have multiple eligible offenses, each one needs its own petition.
The petition has to be precise. The new Article 55A framework requires verified petitions with the TRN, every agency, and every private data broker. A missing agency is a record that doesn’t get cleared.
Clear Your Record. Move Forward.
You only get one shot at this. A denied petition can mean refiling fees, more waiting, and — in some cases — losing eligibility entirely if you pick up another charge in the interim. The agencies you list, the section you file under, the TRN, the waiting period math — every piece has to be right the first time.
Varghese Summersett has filed hundreds of expunctions and nondisclosures across Tarrant, Dallas, Denton, Harris, and Fort Bend counties. Our team includes Board Certified Criminal Law specialists who know which courts move quickly, which prosecutors challenge petitions, and how to make sure the order actually reaches every database holding your record.
If you think you may qualify, the next step is a free, confidential case review. We’ll pull the disposition, identify the right statute, and tell you straight whether you’re eligible — and what it will take to get the order signed.
Call us at (817) 203-2220. Most people who walk away from this conversation walk away with a clearer answer than they’ve gotten anywhere else.