RECORD SEALING
Expungement vs Sealing Records
Quick Answer
Bottom line up front: Texas record clearing offers two pathways — expunction under CCP Chapter 55 (destroys arrest record) and non-disclosure under Government Code §§ 411.0725-411.0729 (seals from private view). The § 411.074 exclusion list bars non-disclosure for family violence, sex offenses, and other listed categories.
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
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Let's face it, an arrest or conviction in Texas can cast a long shadow. It can impact your employment opportunities, housing options, and even your self-esteem. But here at L and L Law Group, we understand that people make mistakes, and sometimes, a second chance is exactly what you need. That's where expungement and sealing records come in. These legal processes offer a path forward, but they're not exactly the same. Today, we'll break down the key differences between expungement and sealing records in Texas, and help you determine which option might be right for you.Erasing the Past: Expungement
Think of expungement as hitting the "delete" button on your criminal record. If your petition is granted, the court orders the destruction of all records related to your arrest or conviction. This means the arrest or charge vanishes, and you can legally answer "no" if asked about it on applications (with some exceptions). Sounds perfect, right? Well, expungement in Texas is a very limited option. It's generally only available for:- Dismissed cases: If the charges against you were dropped.
- Certain misdemeanors: Only specific misdemeanors, like minor theft or possession of small amounts of marijuana, qualify for expungement after completing probation without any violations.
- Deferred adjudication: If you successfully completed deferred adjudication, a form of probation where the case is dismissed upon completion.
Sealing Records (Order of Nondisclosure)
Sealing records, also known as an order of nondisclosure in Texas, takes a different approach. Instead of erasing the record, it hides it from public view. This means most background checks, like those run by employers or landlords, won't reveal the sealed offense. However, sealed records aren't truly invisible. Law enforcement agencies and certain government entities can still access them.Qualifying for Sealing Records in Texas
Now, the million-dollar question: do you qualify for either expungement or sealing records in Texas? The answer, as is often the case in law, is: it depends. The good news is that sealing records is generally more available than expungement. Here are some offenses that may be eligible for sealing after meeting specific requirements:- Certain misdemeanors and felonies (depending on the severity and how long ago the offense occurred).
- Non-violent offenses.
- Offenses committed as a juvenile (restrictions apply).
Consultation Is Key
Given the nuances and complexities involved in expungement and sealing records, it's crucial to seek legal counsel to determine your eligibility. An experienced attorney can assess your situation, work through the legal landscape, and advocate for your rights effectively.Can L and L Law Group Help?
Whether expungement or sealing records is the right option for you depends on your specific situation. The experienced attorneys at L and L Law Group can guide you through the process, assess your eligibility, and help you work through the legal complexities involved. We understand the importance of a clean slate and will fight for the fresh start you deserve. Contact L and L Law Group today for a free consultation and let's discuss your options!Key Legal Terms
- Expunction
- Texas Code of Criminal Procedure Chapter 55 procedure DESTROYING arrest records when the case ended favorably (dismissal, acquittal, no-bill, Class C deferred). The arrest never happened — petitioner may legally deny it on most applications.
- Non-Disclosure
- Texas Government Code §§ 411.0725-411.0729 procedure SEALING records from private background checks while allowing government access. Available after successful deferred adjudication on most non-violent offenses.
- Exclusion List (§ 411.074)
- Government Code § 411.074 list of offenses INELIGIBLE for non-disclosure — including family violence, sex offenses requiring registration, kidnapping, murder, injury to child/elderly/disabled, and stalking, regardless of deferred completion.
- Set-Aside (§ 42A.701)
- CCP § 42A.701 procedure setting aside a conviction after successful straight probation. Sets aside the conviction (but not arrest), making the petitioner eligible for non-disclosure under Government Code § 411.0731 in some cases.
Our Experience
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between expunction and non-disclosure in Texas?
Expunction under CCP Chapter 55 destroys the arrest record entirely — available only when the case ended favorably (dismissal, acquittal, no-bill, Class C deferred). Non-disclosure under Government Code § 411.0725 seals the record from private background checks but allows government access — available after successful deferred adjudication on most non-violent offenses.
Can a sex offense be expunged in Texas?
Only if the case ended in dismissal, acquittal, or no-bill. Government Code § 411.074 bars non-disclosure for sex offenses requiring registration — meaning successful deferred completion on these offenses does NOT make them sealable. Eligibility analysis is the first step in any sex-offense record-clearing case.
How long is the waiting period for expunction in Texas?
Waiting periods vary: there is no waiting period at all when the case ended in acquittal, in a pardon, or in a dismissal because no probable cause existed to believe the person committed the offense. Where an arrest simply never led to a charge, the period runs from the date of arrest — 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony. CCP arts. 55A.052, 55A.053, 55A.101 and 55A.102 (formerly art. 55.01) govern. Waiver of waiting period is sometimes possible with prosecutor agreement.
What is the expunction process in Texas?
File a petition under CCP § 55.02 in the court where the case was pending, identifying every agency that may have a record (DPS, FBI, courts, jail, prosecutor, arresting agency, others). Hearing is held within 30 days. If granted, the court orders all agencies to destroy their records.
Do I qualify for expunction if my case was dismissed?
Most likely yes. CCP Chapter 55 lists "dismissal" as a qualifying disposition. Exceptions include cases dismissed pursuant to a plea agreement on another charge, or dismissed for prosecutorial discretion based on cooperation. Eligibility requires no other pending charges for the same incident.
References & Authoritative Sources
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar
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Charged with a crime in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
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