Texas Record Guide
Expungement vs. Nondisclosure in Texas: Which One Do You Need?
Texas has two ways to clear a criminal record, and people mix them up constantly — including some lawyers. Expungement (Texas law calls it 'expunction') destroys the record; an order of nondisclosure seals it. Which one you need isn't a choice — it's determined by how your case ended. Here's the 30-second version, then the details.
The 30-second rule
If your case ended without a conviction and without deferred adjudication probation — dismissed, acquitted, no-billed, never charged — you're in expunction territory: the records get destroyed and you may deny the arrest ever happened.
If you completed deferred adjudication for a Class A/B misdemeanor or felony, or you have certain first-time convictions (including many DWIs), you're in nondisclosure territory: the records get sealed from public view but remain visible to law enforcement and certain licensing agencies.
What each remedy actually does
Expunction, under Chapter 55A of the Code of Criminal Procedure, orders every agency to delete or destroy its records of the arrest — police files, court records, DPS entries, prosecutor files. After it's granted, the arrest is legally treated as if it never occurred.
Nondisclosure, under Chapter 411 of the Government Code, prohibits public release of the record. Employers, landlords, and background check companies stop seeing it, and in most private contexts you may deny the offense. The exceptions are listed in the statute: criminal justice agencies and specified licensing boards — healthcare, education, and others — can still see sealed records.
Common mix-ups worth knowing
Deferred adjudication is the big one: people assume completing it entitles them to expunction. It doesn't (except for Class C tickets) — it entitles most people to nondisclosure. Conversely, people with dismissed cases sometimes settle for sealing when they're entitled to the stronger remedy of expunction.
The other trap is offense-based exclusions: family violence findings, sex offenses requiring registration, and a short list of serious crimes can never be sealed — which makes expunction of dismissed charges in those categories especially important, because it's the only remedy that will ever exist for them.
Common questions
Is 'expungement' the same as 'expunction' in Texas?
Yes — 'expunction' is the term Texas statutes use; 'expungement' is the common term used nationally. They refer to the same remedy: court-ordered destruction of the records.
Which is better, expungement or nondisclosure?
Expunction is stronger — records are destroyed rather than sealed, and no licensing board can see them afterward. But you don't choose between them; eligibility for each is determined by how your case ended.
Can I get a nondisclosure now and an expunction later?
In some situations, yes — for example, sealing a deferred adjudication now while a companion dismissed charge waits out its expunction timeline. We map multi-record histories exactly this way.
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
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