Texas Expunction vs Sealing — Which Should You File?
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Table of Contents
Side-by-side comparison
Expunction (CCP Chapter 55): Records physically destroyed. Subject can legally deny case existed. Eligibility limited to: dismissals, acquittals, no-bills by grand jury, completed pretrial diversion (very limited cases), arrests not leading to charges after specific time, identity theft. All conviction cases ineligible for expunction. Most deferred adjudication cases ineligible for expunction. Sealing/Nondisclosure (Government Code § 411.0735): Records hidden from public commercial background checks. Subject can deny in most contexts. Authorized agencies retain access. Eligibility: successful deferred adjudication for many eligible offenses; some misdemeanor convictions under specific subsections; first-time DWI with BAC under 0.15 (HB 3016). Excluded offenses: DWI (most), family violence, sex offenses, child abuse, stalking.
When expunction is available — and preferred
Expunction is the preferred remedy when available because it eliminates the record entirely. Eligibility under CCP § 55.01: Case dismissed — by prosecutor or court. Acquittal at trial — not guilty verdict by judge or jury. No-bill by grand jury — grand jury declines to return indictment after specific time. Arrest without charges — for specific waiting periods (1 year for misdemeanor without charge, 3 years for felony without charge). Completed pretrial diversion — limited eligibility for specific diversion program completions. Identity theft — when arrest was based on someone using subject's identity. Successful completion of certain misdemeanor deferred adjudications — limited eligibility under § 55.01(a)(2)(A)(ii).
When sealing is the only option
Most deferred adjudication cases are not eligible for expunction — sealing is the only available remedy. Sealing applies when: Successful deferred adjudication probation — for offenses on the eligible list (not DWI, family violence, sex offenses, etc.). Waiting period satisfied — varies by offense: typically immediate eligibility for most misdemeanors without jail; 2 years after discharge for misdemeanors with jail; 5 years after discharge for most felonies. No subsequent convictions during waiting period. First-time DWI under HB 3016 — limited eligibility for sealing first-time DWI with BAC under 0.15 after specific waiting periods. Some convictions under specific subsections — rare eligibility for certain misdemeanor convictions to be sealed without going through deferred adjudication first.
How to decide which to file
Decision framework. Step 1: Identify the disposition — Was the case dismissed, acquitted, no-billed, completed via deferred adjudication, or convicted? Step 2: Check expunction eligibility — Dismissed/acquitted/no-billed cases: yes for expunction. Completed pretrial diversion: usually no, with limited exceptions. Deferred adjudication: rare yes; usually no. Conviction: no. Step 3: If expunction unavailable, check sealing eligibility — Successful deferred adjudication on eligible offense list: yes for sealing. Conviction: only specific limited categories under HB 3016. Step 4: Verify waiting periods — both remedies have waiting periods varying by offense. Step 5: File the appropriate petition — Petition for Expunction (CCP Chapter 55) in the court that handled the underlying case; or Petition for Order of Nondisclosure (Government Code § 411.0735) in same court.
Practical effects — what changes after each
Different practical effects. After expunction: Records physically destroyed from court files, DPS database, FBI III (after lag), and most commercial databases. Subject can answer "no" to questions about criminal history in nearly all contexts. Exception: applications requiring full disclosure of expunged cases (rare; some federal positions). Most employers see clean record. After sealing: Records hidden from public databases and commercial background checks. Subject can answer "no" in most contexts but must disclose to authorized agencies (licensing boards, law enforcement employment, some federal positions). 22 categories of authorized agencies retain access under Government Code § 411.0765. The practical effect for most employment is similar to expunction; the difference matters for licensing and certain government positions.
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Frequently Asked Questions
Should I file for expunction or nondisclosure in Texas?
Expunction (CCP Chapter 55) is preferred when eligible — destroys records entirely. Nondisclosure (Government Code § 411.0735) is the alternative when expunction isn't available. Eligibility check: dismissed/acquitted/no-billed = expunction; successful deferred adjudication = nondisclosure (most cases); conviction = nondisclosure rarely (HB 3016 first-time DWI; specific misdemeanor categories).
What's the difference between Texas expunction and sealing?
Expunction: physically destroys records; subject can deny case ever existed. Sealing/Nondisclosure: hides records from public but preserves them for authorized agency access; subject can deny in most contexts but must disclose for certain licenses.
Can a Texas conviction be expunged?
Almost never. CCP Chapter 55 eligibility is limited to cases that did not result in conviction (dismissals, acquittals, no-bills, some diversion completions). Conviction cases are generally ineligible for expunction. Limited exceptions exist for cases resulting in pardon or successful appeal.
Can a Texas conviction be sealed?
Sometimes, in limited categories. First-time DWI with BAC under 0.15 under HB 3016 (2017). Certain misdemeanor convictions under specific subsections of Government Code § 411.0735. Most conviction categories are not eligible for sealing — particularly DWI, family violence, sex offenses, and child abuse.
How long does Texas expunction or sealing take?
Petition filing to court order: typically 3-6 months. Then DPS database update: 1-2 months. Then commercial background check database updates: variable (1-3 months for most CRAs). Total: 6-12 months for the record to be fully removed from all public databases.
