Did you know that a single arrest, even if it never led to charges or a conviction, can stay on your criminal record for life? That one moment might show up on job applications, rental screenings, or even when applying for a loan. And while that can feel discouraging, there is good news. In Texas, there are legal options to clear or seal your criminal record through expunction or nondisclosure.
What Is the Difference Between Expunction and Nondisclosure?
Think of expunction as a total reset of your criminal record. If your case qualifies for expunction, the records are completely erased. You can legally say the arrest or charges never happened, and even law enforcement agencies will no longer have access to it. It’s the closest thing to having a clean slate.
Nondisclosure is different. Rather than deleting your criminal record, it seals it from the public. Employers, landlords, and background check companies won’t see it. However, certain government agencies, such as law enforcement and state licensing boards, still retain access. So, the key difference is this: expunction destroys the criminal record entirely, while nondisclosure hides it from the public but does not erase it.
Who Qualifies for Expunction in Texas?
You may be eligible for expunction if your case was dismissed without court-ordered probation, if you were arrested but never formally charged and the statute of limitations has expired, or if you were found not guilty at trial. Another path to expunction is if you complete a formal pretrial diversion program and receive a dismissal.
For example, if you were arrested for DWI, went to trial, and were found not guilty, the criminal prosecution is over. But the arrest itself and any court documents still show up in background checks. With expunction, all of that can be completely erased.
When Is Nondisclosure an Option?
If you plead guilty and receive probation, expunction is no longer available. But you might still qualify for nondisclosure. This is possible if you successfully completed deferred adjudication and the case was dismissed, and if you have stayed out of legal trouble during the required waiting period.
Some low-level misdemeanor convictions may also qualify, especially if you have no prior criminal history. That said, there are exceptions. Charges involving family violence or sex offenses are generally not eligible for nondisclosure. Every case is different, which is why a personalized review is so important.
How Does the Process Work?
Once we determine that you’re eligible, we file a petition with the appropriate court. Expunction petitions are typically filed in civil district court, while nondisclosure petitions are handled by the court that managed your original case. In many situations, there may not even be a need to appear in court. At Segura & Kiatta, we often work directly with the prosecutor’s office to reach an agreement and submit the paperwork to the judge for signature.
Once the judge grants the expunction or nondisclosure, the clerk’s office notifies all relevant agencies. This includes the police department, the district attorney’s office, and the court itself. These agencies are then required to remove or seal your record. Background check companies are also required to update their data based on the court order.
Why You Need a Lawyer to Help You With Your Criminal Record?
Texas laws around expunction and nondisclosure are complicated. Whether you qualify depends not just on the type of charge, but also on your full criminal history, how your case was resolved, and other details that may not be obvious. Even something as small as the wording used in a dismissal can change your eligibility. That’s why working with an experienced criminal defense attorney is essential.
At Segura & Kiatta, we know what to look for. We’ve helped many people across Texas successfully clear or seal their records. Our team understands how to navigate the court process and make sure your petition is complete and filed correctly the first time. One missed detail could result in your request being denied, and we’re here to make sure that doesn’t happen.
Take Control of Your Future Today
Your past should not limit your future. If you’re ready to take the next step and find out whether you qualify for expunction or nondisclosure, we’re here to help. Schedule a consultation with us today. We’ll review your case, explain your options, and guide you through the process from start to finish.
Managing Attorney of Segura & Kiatta, Criminal Defense
Anthony R. Segura is the Managing Attorney of Segura & Kiatta LLP in Sugar Land, Texas. He focuses his practice on criminal defense and DWI defense. Licensed by the State Bar of Texas since 1994, Mr. Segura brings decades of courtroom experience to the firm and has led Segura & Kiatta LLP since 2006. He earned his Juris Doctor from South Texas College of Law and represents clients across the Sugar Land area with practical, straightforward legal guidance.
