The arrest is over. The case is done. But the record is still out there — and it follows you. Background checks pull it up when you’re applying for a job, renting an apartment, or renewing a professional license. In Texas, there are two legal tools that can do something about that: expunction and nondisclosure. One destroys the record completely. The other seals it from the public. Which one you can get — and when — depends on how your case resolved. I’ve helped clients across Collin County clear their records and get on with their lives. Let me walk you through how it works.
Expunction vs. Nondisclosure: What’s the Difference?
An expunction wipes the record out entirely. Every agency that has a file — the police department, the DA’s office, the court, DPS — is ordered to destroy or return it. Once it’s done, you can legally deny the arrest ever happened. Not “I don’t have to answer that.” You can say it never occurred. Expunction is available when you were acquitted, when charges were never filed or were dismissed, or in certain other situations where the system got it wrong.
A nondisclosure order doesn’t destroy the record — it seals it. Criminal justice agencies (courts, law enforcement, prosecutors) can still access it. But the general public can’t, and neither can most employers or landlords running background checks. And here’s the part that matters most: once a nondisclosure is in place, you’re not required to disclose the arrest or conviction on job applications or licensing forms. Nondisclosure is available when you successfully completed deferred adjudication or certain community supervision.
Expunction: When You Can Get Your Record Completely Erased
Expunction is the stronger remedy — but it’s only available in specific circumstances. Here’s when you qualify.
You Were Found Not Guilty
If you went to trial and the jury — or the judge — found you not guilty, you’re entitled to expunction. Texas law requires the court to advise you of this right at acquittal and enter the order within 30 days. If that never happened, I can still file the petition now.
You Were Arrested But Never Charged
You were arrested, released, and the DA never filed a case against you. After a waiting period — 180 days for a Class C misdemeanor, 1 year for a Class A or B misdemeanor, 3 years for a felony — you’re entitled to expunction. If the DA certifies the records aren’t needed for any other investigation or prosecution, the wait can be cut short entirely.
Your Case Was Dismissed
Charges were filed, then dismissed. This covers a range of situations: dismissed for lack of probable cause, dismissed because the charging instrument was defective, or dismissed after you completed a pretrial intervention program, a veterans treatment court, or a mental health court program. If the dismissal was a true dismissal — not the conclusion of a deferred adjudication plea — expunction is on the table.
Someone Used Your Name — or It Was a Clerical Error
Another person was arrested and gave police your identifying information — name, date of birth, driver’s license number. Or a clerical error put your information in someone else’s arrest file. In either case, you’re entitled to have your identifying information removed from those records, even if the underlying arrest file stays in place for the actual suspect.
You Were Convicted, Then Pardoned
If you were convicted but subsequently received a pardon — whether for actual innocence or another reason — you’re entitled to expunction of the arrest records. A pardon based on actual innocence triggers an automatic order. Any other pardon still qualifies; you’d file a petition with the court.
If you were arrested but no charges were ever filed, you have to wait before petitioning for expunction. The clock starts on the date of your arrest:
- Class C misdemeanor: 180 days
- Class A or B misdemeanor: 1 year
- Felony: 3 years
One exception: if the DA certifies in writing that the records aren’t needed for any ongoing investigation or prosecution involving another person, you can file immediately — regardless of how much time has passed.
Nondisclosure: When You Can Seal Your Record
If you completed deferred adjudication — or in some cases, were convicted and served your sentence — you may be eligible for nondisclosure. Here are the main paths.
Deferred Adjudication → Dismissed
You pled guilty or no contest. The judge deferred adjudication, placed you on supervision, and when you completed everything — the case was dismissed. This is the situation most people come to me with. The waiting period before you can file depends on the offense type. See the table below.
Misdemeanor Conviction with Community Supervision
You were convicted — not just given deferred — and placed on probation. If you completed probation without it being revoked, you may be eligible for nondisclosure of the conviction. This path isn’t available for DWI, family violence, or other excluded categories. For most misdemeanors, there’s no prior-record requirement.
Misdemeanor Conviction, Sentence Served
You were convicted and served your sentence — fine, jail time, or both — without probation. For a fine-only offense, you can file immediately after completing the sentence. For other misdemeanors, there’s a 2-year waiting period after sentence completion. This path doesn’t apply to DWI, family violence, or excluded offenses.
DWI — Deferred Adjudication or Conviction
DWI has its own rules. If you had deferred adjudication for DWI and completed it, there’s a 2-year waiting period — and the offense can’t have involved a collision with another person. If you were convicted of DWI and placed on probation, the wait is 2 years (with ignition interlock for at least 6 months) or 5 years (without). Convicted without probation: 3 or 5 years depending on interlock compliance. The facts matter here — I’ll tell you exactly where you stand. If your DWI also resulted in a license suspension and you still need to drive, an is a separate step I can handle alongside or after the nondisclosure petition.
Nondisclosure Waiting Periods at a Glance
The most common situations, in plain language. The clock starts at discharge or sentence completion.
| Your Situation | Offense Type | Waiting Period |
|---|---|---|
| Deferred adjudication | Most misdemeanors | Immediately upon discharge |
| Deferred adjudication | Assault, weapons, and certain other misdemeanors | 2 years after discharge |
| Deferred adjudication | Felony | 5 years after discharge |
| Deferred adjudication (DWI) | DWI misdemeanor | 2 years after discharge |
| Convicted + probation | Most misdemeanors | Immediately upon completion |
| Convicted + probation | Assault, weapons, and certain other misdemeanors | 2 years after completion |
| Convicted, no probation | Fine-only misdemeanor | Immediately upon completion |
| Convicted, no probation | Other misdemeanors | 2 years after completion |
| Convicted + probation (DWI) | DWI — with ignition interlock 6+ months | 2 years after completion |
| Convicted + probation (DWI) | DWI — without ignition interlock | 5 years after completion |
Offenses That Permanently Block Nondisclosure
Not every record can be sealed. Texas law permanently bars nondisclosure if you’ve been convicted of — or placed on deferred adjudication for — any of the following. This applies both to the offense you’re trying to seal and to anything else in your prior record.
⚠Permanently Ineligible — No Exceptions
- Murder or capital murder
- Any sex offense requiring registration as a sex offender
- Aggravated kidnapping
- Human trafficking
- Injury to a child, elderly person, or disabled individual
- Stalking
- Violating a protective order
- Any offense involving family violence
If any of these appear anywhere in your history — as the offense you’re trying to seal or as a prior conviction — nondisclosure is permanently off the table, regardless of how much time has passed.
What’s Actually at Stake
A criminal record — even an arrest that never led to a conviction — doesn’t stay in the courthouse. It travels with you. Here’s where it shows up:
- Employment — Most employers run background checks. An arrest record, even without a conviction, can cost you a job offer. Government positions, healthcare, finance, and anything requiring a security clearance are especially vulnerable to this.
- Housing — Landlords use background checks too. An old arrest can get your rental application rejected before anyone ever talks to you.
- Professional licenses — Teachers, nurses, contractors, real estate agents, insurance and financial professionals — licensing boards can see your record and factor it into their decisions. A nondisclosure seals it from most of them.
- College and graduate school — Many applications ask about criminal history. After an expunction, you can honestly answer no.
- Volunteer work and coaching — Working with kids, volunteering at a school, helping with youth sports — these often require background checks too.
An expunction or nondisclosure doesn’t erase what happened. But it gives you back the right to move forward without it defining you.
How I Handle It
A lot of people are surprised by what’s actually on their criminal history — sometimes things they’d forgotten about, sometimes outright errors. I start by requesting your full record and going through it carefully. You’ll know exactly what’s there before we do anything else.
Based on how your case resolved, I’ll tell you whether you qualify for expunction, nondisclosure, or both — and whether there’s a waiting period standing between you and the filing. I’ll give you the specific date, not a guess.
I handle the paperwork — the verified petition, the complete list of agencies that need to be notified, and the filing. For expunctions, that agency list can be substantial. I make sure it’s complete, because a missed agency means your records aren’t fully cleared.
Many nondisclosure cases don’t require a contested hearing — the State has 45 days to object, and if they don’t, the court can issue the order without one. But if there’s a hearing, I’m there. After the order is entered, I follow up to make sure every agency actually seals or destroys what they’re supposed to. The order is only as good as the follow-through.
Frequently Asked Questions About Expunctions and Nondisclosures in Texas
Can I expunge my record if I took deferred adjudication?
Generally, no — at least not for that case. Deferred adjudication that was successfully discharged and dismissed puts you in nondisclosure territory, not expunction. Expunction destroys the record; nondisclosure seals it from the public. There are very narrow situations where a separate, older arrest might still qualify for expunction — but if you completed deferred adjudication on a charge, nondisclosure is almost always the right tool for that offense.
My charge was dismissed — do I automatically qualify for expunction?
Dismissals are one of the cleaner paths to expunction, but it’s not automatic. The key question is why it was dismissed. Dismissed for lack of probable cause, a defective charging instrument, or after completing a pretrial diversion or specialty court program — you very likely qualify. But if the “dismissal” was actually the conclusion of a deferred adjudication plea, that’s nondisclosure territory, not expunction. I’ll pull the records and tell you exactly which category you’re in.
How long does the process take in Collin County?
After filing, Texas law requires at least 30 days before the hearing. After the court enters the order, agencies have up to 30 business days to seal or destroy their records. From start to finish, most cases take 2 to 4 months. Private background check companies — the ones that compile and sell criminal history data — can take longer to update, and following up with them is part of what I handle.
After it’s done, will it still show up on a background check?
For expunctions: no. Every agency is ordered to destroy the record, and it’s actually a criminal offense — a Class B misdemeanor — for any state employee to knowingly release expunged information. You can legally say the arrest never happened. For nondisclosures: it won’t show up on standard employment or tenant background checks. But certain licensing boards — for teachers, nurses, lawyers, financial professionals, and others — can still access it. I’ll tell you exactly which agencies retain access based on your situation before we file.
Can my DWI be expunged or sealed?
A DWI conviction can’t be expunged unless you were later pardoned — that’s true for any conviction. But if you had deferred adjudication for DWI and completed it successfully, you may be eligible for nondisclosure after a 2-year waiting period, provided the offense didn’t involve a collision with another person. If you were convicted and placed on probation, a separate nondisclosure path exists with waiting periods that depend on whether you had an ignition interlock device. The rules are specific and the facts matter. If you’re not sure which situation applies to you, reach out — I’ll take a look. If you’re asking whether a felony charge can be reduced to a misdemeanor, I cover that separately here.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
I’ll be straight with you about your situation, explain all of your options, and fight hard for the best possible outcome — no obligation, no hard sell. I personally read and respond to every message, typically within a few hours.