Quick answer
In Texas, "expunction" and "order of non-disclosure" are not the same thing. Expunction (Chapter 55) physically erases the arrest record. Non-disclosure (Government Code §411.0725) seals the record from public view but does not erase it. You qualify for expunction only if the case ended favorably (dismissal, acquittal, no-bill). You qualify for non-disclosure after completing deferred adjudication probation on most offenses, with significant exclusions.
Almost every client who calls about clearing a record assumes they want an "expungement." Sometimes that is the right tool. Often it is not — because Texas reserves expunction for cases that ended in the defendant's favor. Non-disclosure is a different remedy with different eligibility, different effect, and different procedure. Understanding which one fits is the entire conversation.
What's on this page
The fundamental difference
| Expunction (Chapter 55) | Order of Non-Disclosure (Gov. Code §411.0725) | |
|---|---|---|
| Effect | Destroys the arrest record | Seals from public view; remains accessible to government agencies |
| Eligibility | Case dismissed, acquitted, no-billed, identity theft, or certain qualified successful completions | Most successfully completed deferred adjudication, plus first-time misdemeanors after waiting period |
| Waiting period | Varies — immediate to 3 years depending on the basis | Immediate for most non-violent offenses; 2-5 years for misdemeanors that did not result in deferred |
| Visible to private background checks? | No (record destroyed) | No (sealed from private background checks) |
| Visible to government agencies? | No | Yes — to law enforcement, prosecutors, certain licensing agencies |
| Filing fee (approximate) | $300-$400 plus service costs | $28 filing fee plus service |
The biggest practical difference: if you can get an expunction, that's usually the better remedy. The record is destroyed. If you can only get non-disclosure, you still get most of the practical benefit — the record won't show up on most background checks.
Expunction — who qualifies under Chapter 55
Article 55.01 lists the eligibility paths. The main ones:
- Acquittal: Found not guilty by a judge or jury.
- Dismissal: Case dismissed by the prosecutor (with limitations — see below).
- No-bill: Grand jury declined to indict.
- Pardon: Full pardon based on actual innocence.
- Class C misdemeanor deferred adjudication: Completed Class C deferred (the only deferred eligible for expunction in Texas).
- Identity theft: Arrested under another person's identity.
- Conviction reversed on appeal.
The dismissal trap: A simple dismissal is not enough — the statute requires the case to be dismissed for a reason consistent with innocence. Plea-bargained dismissals (where the defendant pled to another charge and the original was dismissed) usually do not qualify. Pretrial diversion completions sometimes qualify if structured properly.
Waiting periods under §55.01(a)(2) range from 180 days (Class C) to 3 years (felony) before the petition can be filed, unless waived by the prosecutor.
Non-disclosure — who qualifies under Government Code §411
Government Code §411.0725 governs the standard non-disclosure for deferred adjudication. Eligibility:
- Completed deferred adjudication probation (judge entered an order of dismissal)
- NOT on the ineligibility list under §411.074 — which excludes most family violence offenses, sex offenses, kidnapping, murder, injury to a child/elderly/disabled, stalking, certain weapons offenses, and offenses that require sex offender registration
- Two years since dismissal for misdemeanors (some immediate)
- Five years since dismissal for felonies
Newer statutes added non-disclosure paths for:
- §411.0725 (standard deferred): Most non-violent deferred
- §411.0726 (first-time DWI): First DWI conviction (NOT deferred) with completion of conditions and waiting period
- §411.0727 (misdemeanor straight probation): First-time misdemeanor straight (not deferred) probation, with completion and waiting period
- §411.0728 (veteran reentry court): Successful veteran treatment court completion
- §411.0729 (mental health treatment court): Successful mental health diversion
The exclusion list is critical. Family violence cases — even if deferred and completed — are excluded from non-disclosure. Sex offenses requiring registration are excluded. Driving while intoxicated with a child passenger (§49.045) is excluded. The list expands periodically by legislative action.
The filing process — both petitions
Expunction:
- Confirm eligibility under Article 55.01.
- Confirm waiting period satisfied or get prosecutor agreement to waive.
- Draft Petition for Expunction listing every agency that may have records (police, DA, court clerk, DPS, FBI, jail).
- File in the district court where the offense was charged.
- Pay filing fee (~$300-$400) plus service costs.
- The court sets a hearing 30+ days out.
- Serve every listed agency.
- Hearing — usually unopposed if eligibility is clean.
- Court signs Order of Expunction. Agencies have 60-180 days to destroy records.
Non-disclosure:
- Confirm eligibility under the applicable §411 section.
- Confirm the offense is not on the §411.074 exclusion list.
- Draft Petition for Order of Non-Disclosure.
- File in the court that handled the original case.
- Pay $28 filing fee.
- The court must find that issuance is "in the best interest of justice."
- Court signs Order of Non-Disclosure. DPS notifies relevant agencies.
Both can be filed pro se but are typically much smoother with counsel — the agency-listing requirements and the eligibility analysis are precise.
What each one actually does
Expunction: Under Article 55.03, after expunction you may deny the arrest occurred, and the State cannot use it against you in any subsequent proceeding except in a perjury prosecution if you deny it under oath when required to disclose. The records are destroyed by the listed agencies. Private databases that purchased the arrest record before expunction are not bound by the order but most reputable background-check companies update from current public sources.
Non-disclosure: Under Government Code §411.0731, after non-disclosure:
- Most private employers cannot see the record on a standard background check.
- You may deny the arrest in response to private employment inquiries.
- Government agencies — including most professional licensing boards, law enforcement, prosecutors, and certain healthcare and education positions — still see the record.
- The record cannot be sealed from federal background databases.
For most people, non-disclosure provides the practical benefit they want — a clean private background check. For some careers (law enforcement, certain healthcare, education with vulnerable populations), the record will still show up.
Common mistakes that block clearance
- Trying to expunge a deferred adjudication completion: Outside of Class C deferred, the remedy is non-disclosure, not expunction. Filing the wrong petition wastes filing fees and time.
- Missing agencies on the expunction petition: Forgetting to list an agency means that agency keeps the record. Petitions must list every agency that might have a record — federal, state, local, and the original investigating agency.
- Trying to seal an excluded offense: Family violence cases, sex offenses requiring registration, certain weapons offenses are all on the §411.074 exclusion list. The petition will be denied.
- Filing before the waiting period runs: The court denies. Wait until the period runs (or get prosecutor agreement to waive).
- Filing in the wrong court: Expunction goes to the district court in the county where the offense was charged. Non-disclosure goes to the trial court.
- Pleading "no contest" expecting expunction: A no-contest plea results in a conviction and disqualifies expunction (and most non-disclosure for the resulting conviction).
If your case is at this stage, do not wait for the State to make the next move.
Call (972) 370-5060 Email UsKey Texas terms
- Expunction
- Destruction of an arrest record under Texas Code of Criminal Procedure Chapter 55.
- Order of Non-Disclosure
- A court order sealing a criminal record from most private inquiries under Government Code §411.0725-411.0729.
- Deferred adjudication
- A probation structure where the judge defers a finding of guilt. Successful completion results in dismissal but the arrest record remains until non-disclosure or (limited) expunction.
- Exclusion list
- Texas Government Code §411.074 — offenses for which non-disclosure is not available.
Frequently asked questions
Is "expunction" the same as "expungement"?
Yes — Texas uses "expunction" but the terms are interchangeable. Some other states use "expungement," "sealing," or "set-aside" for related but different remedies. Texas uses "expunction" for the Chapter 55 destruction remedy and "non-disclosure" for the sealing remedy.
Can I expunge a DWI in Texas?
Only if the DWI was dismissed, acquitted, or no-billed. A DWI conviction cannot be expunged. A first-time DWI conviction may be eligible for non-disclosure under §411.0726 after a 2-year waiting period and proof of completion of an ignition interlock requirement.
Can I seal a family violence case if my deferred adjudication was completed?
No. Family violence offenses are on the §411.074 exclusion list — non-disclosure is not available even after successful deferred completion. Expunction is available only if the case was actually dismissed by the prosecutor (not as part of a plea bargain) or you were acquitted.
How long does an expunction take to complete?
From filing to records destruction, typically 90-180 days. The agencies have 60-180 days after the order to destroy the records.
Will my expunged arrest show up on a federal background check?
Generally no — the FBI clears the record upon receipt of the Texas expunction order. However, some private commercial databases that purchased arrest data before the expunction may still hold the data. The order does not bind those databases directly, but reputable services update from public sources.
Can I become a teacher after a non-disclosure order?
Maybe. The Texas Education Agency (TEA/SBEC) is one of the licensing agencies that retains access to sealed records under §411.0765. Your fitness to teach is evaluated case-by-case after the underlying offense and rehabilitation. We handle TEA cases specifically and can advise.
What is the difference between automatic and petition-based non-disclosure?
Some non-disclosure paths are "automatic" — the court signs the order at the time of dismissal without a separate petition (e.g., certain veteran courts). Most others require a separate petition filed after the waiting period, even though the case is already dismissed. The court will not grant non-disclosure without the affirmative request.
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