Having a criminal record in Texas can follow you long after your case is resolved. Even if your charges were dismissed or you were found not guilty, the record of your arrest or prosecution may still appear in background checks. This can impact your ability to secure employment, rent housing, or obtain professional licenses.
Fortunately, Texas law offers two powerful options to protect your reputation: expunction and orders of nondisclosure, also known as record sealing. Understanding how these processes work can help you determine whether you qualify and what steps to take next.
Understanding The Difference Between Expunction and Nondisclosure
Before deciding which legal avenue applies to your situation, it is essential to understand the difference between these two forms of relief. Both help reduce the impact of a criminal record, but they function in very different ways.
- An expunction completely removes a record from public view. Once an expunction is granted, the records of your arrest, charge, and court proceedings are destroyed. This means you can legally deny that the incident ever occurred. Expunctions are only available in limited circumstances, such as when a case was dismissed, resulted in an acquittal, or never led to formal charges being filed.
- An order of nondisclosure, on the other hand, seals your record from public access but does not destroy it. Law enforcement and certain government agencies can still view the information, but employers, landlords, and the general public cannot. Nondisclosure is typically available after the successful completion of deferred adjudication or specific probation terms, depending on the nature of the offense.
Who Qualifies for Expunction in Texas?
Eligibility for expunction depends on the nature of your case and its outcome. Texas law outlines specific situations in which expunction may be granted, but each case requires careful evaluation.
You may qualify for expunction if:
- You were arrested but never formally charged.
- The prosecutor dismissed your charges.
- You were acquitted at trial.
- You were convicted but later pardoned or found innocent by a higher court.
- You completed a pretrial diversion or intervention program, depending on the terms.
Expunction is not automatic. The process involves filing a petition in the appropriate district court, serving notice to multiple agencies, and attending a hearing before a judge. Because every agency that holds your record must be notified and respond correctly, it is essential to have a knowledgeable attorney handle the process to avoid delays or errors.
When You Can Seek an Order of Nondisclosure
If you completed deferred adjudication for a qualifying offense, you may be eligible to have your record sealed through an order of nondisclosure. This legal tool limits access to your criminal record while allowing you to move forward without the stigma of a public charge.
Eligibility for nondisclosure depends on several factors, including:
- The type of offense involved.
- Whether you have any prior convictions or pending cases.
- The waiting period required before filing, which varies by offense.
Certain crimes, including family violence, human trafficking, and offenses requiring sex offender registration, cannot be sealed. However, many non-violent misdemeanors and select felonies may qualify after a waiting period ranging from two to five years following deferred adjudication.
Why You Should Work with a San Antonio Criminal Defense Attorney
Both expunctions and nondisclosures are technical legal processes that require meticulous attention to detail and expertise in Texas criminal law. Mistakes in filing, missed deadlines, or incomplete documentation can result in unnecessary delays or a denial of the petition. Working with an experienced San Antonio criminal defense attorney gives you the best chance at a successful outcome.
Our knowledgeable attorneys can:
- Evaluate whether your case qualifies for expunction or nondisclosure.
- Gather the necessary records and file petitions correctly.
- Represent you in court and respond to agency objections.
- Ensure all relevant government databases are updated or cleared.
At Peek Law Group, our board-certified criminal defense lawyers have decades of experience helping Texans protect their privacy and their futures. We know how damaging a criminal record can be and are committed to helping you pursue every available option to clear your name.
Take The First Step Toward a Clean Slate
A criminal record does not have to define your future. Whether you are seeking to remove it entirely through expunction or seal it through nondisclosure, taking action today can open doors to new opportunities in employment, education, and housing.
If you believe you may qualify for record relief in Texas, call (512)-982-4062 or fill out our online form to contact Peek Law Group in San Antonio for a confidential consultation. Our experienced legal team will review your case, explain your options, and guide you through the process from start to finish.
