https://traviscountycriminalattorney.com/2025/09/01/non-disclosure-vs-expungement-texas/
Non Disclosure Vs Expungement Texas. A criminal record of any kind can have a significant impact on a person’s life. It can create substantial barriers to employment, housing, professional licensing, and personal relationships. Fortunately, Texas offers two legal remedies to help individuals clear their names and move forward: expungement and orders of non-disclosure. While both aim to clean up a criminal history, they are fundamentally different processes, each with its own eligibility requirements and outcomes. Understanding these distinctions is essential for anyone looking to clear their record.
The Difference Between Expungement and Non-Disclosure When a court issues an order of expungement, also known as expunction, it is the most powerful and comprehensive method of clearing records available in Texas. An expungement order legally requires that every record related to an arrest, charge, or conviction be permanently destroyed or removed from both public and most private databases. The aim is to make it seem as though the incident never happened.
The Key Difference: The core of expungement is complete removal. Once a record is expunged, the individual can legally deny that the arrest or offense ever took place. This is a critical distinction, as it applies to job applications, housing forms, and nearly all background checks. The only exceptions are specific, limited circumstances, such as a sworn statement in a criminal proceeding. The records are physically or electronically erased and are not accessible to law enforcement or government agencies, with very few exceptions.
An order of non-disclosure is the second method for clearing a criminal record in Texas. Instead of destroying records, a non-disclosure order “seals” them. That means that public entities—such as courts, law enforcement, and government agencies—are prohibited from sharing the records with the public. For most practical purposes, a non-disclosure order allows an individual to deny the existence of the offense when completing job applications or when asked about it by private entities.
The Key Difference: A non-disclosure order, unlike expungement, does not eliminate a record; it simply conceals it from public access. The record remains in existence and can still be accessed by specific government agencies and entities, including law enforcement, state and federal licensing boards (such as those for teaching or healthcare), and specific government security clearance organizations. For private employers, a non-disclosure order is generally as effective as an expungement during a typical background check. However, the critical difference is that the record still exists.
Who Qualifies for Non-Disclosure and Expungement in Texas?
Who Qualifies for Expungement? Expungement is not available for a case that resulted in a final conviction (with the rare exception of a pardon or acquittal based on actual innocence). Instead, it is typically reserved for individuals who were wrongly accused or whose case did not result in a final judgment of guilt. You may be eligible for expungement if one of the following scenarios applies:
Arrest Without a Formal Charge: You were arrested, but the prosecutor’s office decided not to pursue a charge against you. A waiting period of 180 days to three years, depending on the level of the offense, is required after the arrest date.
Dismissal of the Case: Your case was formally filed but was later dismissed by the prosecutor, and you did not receive “deferred adjudication” (a form of probation without a conviction) for that specific charge.
Acquittal: You were charged with an offense and found “not guilty” by a jury or a judge.
Pardon: You were convicted of a crime but were later granted a full pardon based on a finding of actual innocence.
Identity Theft: Your criminal record contains an entry because another person used your identifying information when they were arrested or charged with a crime.
Eligibility is highly dependent on the outcome of the case, not the nature of the offense itself. If there was no conviction, expungement is generally the best-case scenario for clearing a record in Texas.
Who Qualifies for an Order of Non-Disclosure? Non-disclosure is the standard remedy for individuals who successfully completed a period of deferred adjudication community supervision (a form of probation). It is a process where the defendant pleads guilty or no contest, but the court defers a finding of guilt and places them on community supervision. If the defendant successfully completes all the terms, the case is dismissed.
To be eligible for non-disclosure, you must meet the following general criteria:
Successfully Completed Deferred Adjudication: You must have been placed on deferred adjudication and have successfully completed the entire term.
Disqualifying Offenses: Your offense must not be on a list of specific, serious disqualifying crimes. These include but are not limited to murder, aggravated kidnapping, indecency with a child, any offense requiring sex offender registration, and certain offenses involving family violence. If you have a prior conviction or deferred adjudication for one of these crimes, you are disqualified from seeking a non-disclosure order for any other offense.
No Other Convictions: You must not have been convicted of or placed on deferred adjudication for another offense (excluding traffic tickets) during the waiting period.
Waiting Period: Depending on the offense, a waiting period must be completed before you can petition the court for a non-disclosure order. For most misdemeanors, there is no waiting period after discharge, while felonies require a five-year waiting period.
Understanding the difference between expungement and non-disclosure is essential for anyone seeking to clear a criminal record in Texas. Expungement offers a complete fresh start, while a non-disclosure order provides a powerful shield against public disclosure. Both are valuable tools, but their application and eligibility are highly specific to the outcome of a case. Consulting with an attorney is always recommended to navigate the complexities of these legal processes and determine the best course of action.
In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach.