Texas Expunction vs. Non-Disclosure: A Side-by-Side Comparison
Texas has two main record-clearing remedies. Expunction under Chapter 55A erases the record entirely. Non-disclosure under Chapter 411, Subchapter E-1 seals the record from most private requesters. The disposition of your case determines which one is available — and only one is typically available per case.
Side-by-side comparison
Expunction and non-disclosure differ on what they do to the record, who is eligible, who can still see the record after the order, and which agencies execute it. The table summarizes the operational differences; the sections below explain when each remedy actually applies.
| Question | Expunction (Ch. 55A) | Non-disclosure (Ch. 411 subch. E-1) |
|---|---|---|
| What happens to the record | Destroyed or returned to petitioner | Sealed from most private requesters |
| Can you deny the arrest? | Yes, as if it never happened | Generally yes for private employers; no for criminal-justice agencies and certain licensors |
| Who can still see the record | Federal agencies, FBI database (Texas doesn’t bind federal) | Law enforcement, courts, prosecutor, certain licensing boards (DPS, TEA/SBEC, etc.) |
| Which dispositions qualify | Acquittal, pardon, limitations run, qualifying dismissal, identity-theft, Class C deferred | Deferred adjudication completion, certain straight probation, certain DWI, certain convictions |
| Deferred adjudication completion? | No (except Class C deferred disposition) | Yes — most common pathway |
| DWI conviction? | No | Yes, under narrow HB 3016 conditions |
| Family-violence affirmative finding | Disqualifies (carve-out) | Disqualifies under § 411.074 |
| Filing court | District court of arrest county | Court that ordered supervision (or trial court) |
| Filing fee (typical) | $300–$500 | $28 + court costs |
| Waiting period | Varies; often immediate (acquittal); SOL period for no-charge-filed | Immediate to 5 years depending on offense/disposition |
What each remedy does
An expunction order requires Texas agencies to destroy or return all records relating to the arrest. After expunction, the petitioner can legally deny the arrest in response to most employment and housing applications. A non-disclosure order requires those agencies to seal the record from most private requesters — the record persists but is hidden from background checks run by employers, landlords, and most third parties.
Specifically:
- Expunction effect. Each named Texas agency (DPS, the arresting agency, the prosecutor’s office, the court clerk, and any other holder) destroys its physical records or returns them to the petitioner. The DPS criminal-history record no longer reflects the arrest. The petitioner can answer “no” to most application questions about prior arrests.
- Non-disclosure effect. Each named agency seals the record. DPS removes it from public-facing criminal-history responses. Private background-check companies that receive DPS responses cannot see the record. But law enforcement, courts, prosecutors, and certain state licensing boards retain access — and certain employer categories (school districts, healthcare, certain financial-services positions) retain access through statutory access provisions.
Who can use each
Eligibility is the operational filter. Most cases have only one remedy available — the disposition determines which. Acquittals and qualifying dismissals go to expunction. Deferred adjudication completions go to non-disclosure. There is little case-by-case choice; the statute dictates.
The decision tree most defendants face after their case ends:
- Acquittal? → Expunction.
- Pardon based on innocence? → Expunction.
- Case dismissed for qualifying reason? → Expunction (if conditions met).
- No charge filed, SOL run? → Expunction.
- Class C deferred disposition completed? → Expunction.
- Deferred adjudication completed (non-Class-C)? → Non-disclosure under § 411.0725.
- Straight probation completed on qualifying misdemeanor? → Non-disclosure under § 411.073.
- First DWI meeting HB 3016 conditions? → Non-disclosure under § 411.072.
- Conviction in narrow scenarios with no other priors? → Non-disclosure under § 411.0735.
- None of the above? → No statutory record-clearing relief available. Pardon, sentence commutation, or actual-innocence post-conviction are the remaining options.
Procedural differences
Expunction and non-disclosure follow similar petition mechanics but differ on filing court, fee, and notice obligations. Expunction petitions are filed in district court; most non-disclosure petitions are filed in the court that ordered supervision. Expunction filing fees are significantly higher.
- Expunction filing
- Verified petition filed in the district court of the county where the arrest occurred. Filing fee $300–$500. Notice required to every named agency (DPS, arresting agency, prosecutor, courts). Hearing scheduled 30–60 days after filing. Order issues if all statutory conditions are met.
- Non-disclosure filing
- Petition filed in the court that placed the defendant on community supervision (or the trial court for conviction-based pathways). Filing fee approximately $28 plus court costs (much lower than expunction). Notice to the prosecutor. Hearing held or ruled on papers. Order issues if all statutory conditions are met and the court finds the order is in the best interest of justice.
- Service and execution
- Both orders require service on every record-holding agency. Expunction agencies must destroy or return records on a statutory timeline (typically 30–60 days). Non-disclosure agencies seal records on the same timeline. Both pathways benefit from a follow-up audit 60–90 days after the order issues.
How to pick the right pathway
In most cases there is no "pick" — the disposition determines the remedy. The petitioner’s actual choice is between (a) pursuing the available remedy, (b) waiting for a remedy to become available later (e.g., for a waiting period to run), or (c) accepting no record relief.
A few scenarios where strategic choice exists:
- Multi-count cases. One count acquitted (expunction-eligible), one count deferred-adjudicated and successfully completed (non-disclosure-eligible). The record-clearing strategy is to pursue both remedies simultaneously, on the counts each one can reach.
- Refusing or accepting a plea. If at the case-disposition stage the defendant can choose between deferred adjudication (non-disclosure later) and going to trial (acquittal = expunction; conviction = no remedy), the calculus depends on the likelihood of acquittal and the relative value of expunction vs. non-disclosure.
- Timing of refile. If a current condition disqualifies the petitioner (intervening conviction), waiting for the condition to clear and refiling can be strategically valuable.
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Frequently asked questions
What is the main difference between expunction and non-disclosure in Texas?
Expunction under Chapter 55A erases the record — every Texas agency destroys or returns the records. Non-disclosure under Chapter 411, Subchapter E-1 seals the record — agencies hide it from most private requesters but law enforcement, courts, and certain licensing agencies retain access.
Which is better — expunction or non-disclosure?
Expunction is the stronger remedy. The record is erased; the petitioner can legally deny the arrest. But expunction is only available for specific dispositions (acquittal, qualifying dismissal, pardon, etc.). Non-disclosure is broader — many more dispositions qualify — but it leaves the record intact and accessible to law enforcement and certain licensors.
Can I do both expunction and non-disclosure on the same case?
Generally no, because a case typically falls into one bucket or the other based on disposition. If your case ended with an acquittal or qualifying dismissal, expunction is the path. If it ended with deferred-adjudication completion or qualifying straight-probation completion, non-disclosure is the path. In multi-count cases with mixed outcomes, both remedies might apply to different counts.
Can I expunge a deferred adjudication and then get non-disclosure?
No. Successfully completed deferred adjudication under art. 42A.101 is not expungable — non-disclosure is the only remedy. The exception is Class C deferred disposition under art. 45.051, which IS expungable.
Which is cheaper, expunction or non-disclosure?
Non-disclosure is cheaper. Filing fee is approximately $28 plus court costs. Expunction filing fee runs $300–$500 in most Texas counties. Attorney fees vary in both cases, but the non-disclosure procedural posture is generally simpler.
Will an employer know my expunction or non-disclosure was granted?
After expunction, the petitioner can legally deny the arrest. The employer should see no record of it on a Texas background check. After non-disclosure, the record is sealed from most private background-check companies — the employer typically sees nothing, although certain employer categories (schools, healthcare, financial services with regulatory access) may retain access.