November 23, 2023
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
If you have a criminal record in Texas, it doesn’t always mean it will follow you for the rest of your life. Generally, if you want to either get rid of or hide your record, there are two legal options available: Expunctions and non-disclosures – Both of which offer a fresh start, but they have vastly different procedures and outcomes.
Understanding these options, your eligibility, and which option is best for your case can be tricky without the help of a record sealing and expunction attorney in Texas. Contact The Napier Law Firm today to learn more about how we can help you fix the past and move forward into a brighter future.
Continue reading for insights into the non-disclosure (record sealing) and expunction process.
Expunctions in Texas: Erasing Criminal Records
We can help you seek an expunction—not merely an order sealing your record. An expunction order directs the return or destruction of covered records, or removal of identifying information, under Texas law.
- Eligibility Criteria:
- Expunction generally concerns qualifying arrest records, not ordinary final convictions. Dismissal and acquittal have different requirements. Successful completion of Class C deferred disposition, followed by dismissal, may allow expunction if the remaining Chapter 55A requirements are met and the court enters an expunction order. Receiving a deferral alone does not clear the record.
- The 180-day, one-year and three-year periods in Article 55A.052 apply to a particular no-indictment-or-information route, not every expunction. The person must satisfy Article 55A.051; the target misdemeanor and any felony arising from the same transaction must meet the charging requirements. Prosecutor certification under Article 55A.052(a)(4) is an alternative to those periods. Qualifying dismissal grounds under Article 55A.053 and expiration of limitations under Article 55A.054 are separate routes.
- Benefits of Expunction:
- The order addresses covered records rather than merely restricting public disclosure.
- After a final expunction order, a person generally may deny the arrest and the existence of the order. If questioned under oath in a criminal proceeding, the person may state only that the matter has been expunged. The order and statutory retention rules still control.
Nondisclosures in Texas: Sealing Criminal Records
Nondisclosures (i.e., record sealing) in Conroe,Texas involves the restriction of public access to your criminal records (i.e., arrest records, court proceedings, and sentence). However, it’s important to note that your record can still be accessed by specific government agencies and entities.
Eligibility for Nondisclosure
- Typically available for those who have successfully completed deferred adjudication probation.
- Certain offenses, particularly violent or more serious crimes, are excluded.
Benefits of Nondisclosure
- Offers a comfortable level of privacy by concealing the record from most private entities
- Reduces barriers in employment, housing, and other areas where a criminal record can be absolutely detrimental
- Government Code Section 411.072 provides an order-without-petition route for certain qualifying misdemeanor deferred-adjudication cases—not every first offense or dismissal. It requires discharge and dismissal, the statutory history and offense conditions, evidence of eligibility and a fee. Its timing is tied to 180 days after placement on deferred adjudication, not a blanket August 31, 2017 dismissal cutoff. Related reading: first-time misdemeanors.
Sealing/Expunging Minor Criminal Records in Texas
Texas law provides different routes for expunction, nondisclosure and juvenile-record sealing. A minor offense or first-offender status alone does not establish eligibility.
- Juvenile Records: Family Code Chapter 58 governs sealing of qualifying juvenile records. Eligibility and procedure depend on the case; juvenile sealing is not the same as adult Chapter 55A expunction.
- Misdemeanors: Certain low-level misdemeanors, especially crimes committed by first-time offenders, may qualify for expungement or nondisclosure – Contact us today to speak about your eligibility.
Comparison: Expungement vs. Nondisclosure
| Expungement | Nondisclosure (Record Sealing) | |
| Definition | Return or destruction of covered records, or removal of identifying information, under Texas law | Sealing of record from public view |
| Eligibility | A qualifying statutory disposition and route; ordinary convictions generally excluded | Qualifying deferred adjudication or certain misdemeanor convictions, subject to statutory conditions |
| Record Accessibility | Covered records subject to the order and statutory retention rules | Still accessible to criminal justice agencies and other authorized recipients |
| Benefits | Generally permits denial of the arrest, subject to statutory exceptions | Limits public access, aiding in employment |
| Offense Types | Generally non-convictions | Some misdemeanors and felonies |
Don’t Let a Criminal Record Hold You Back – Contact Us Today
Determining eligibility and the steps you should take for expunctions and nondisclosures in Texas typically requires the expertise of a criminal defense attorney. A lawyer who knows the ins and outs erasing or sealing your record understands the need to assess your unique situation, apply the law, and advocate for your rights.
At The Napier Law Firm, we’re here to help you clear their criminal record and get your life back on track. Whether it’s just expunging a minor offense or filing for a nondisclosure, our experienced attorneys can provide the expertise and support needed to navigate these complex legal processes.
Contact us today for your free consultation with a record sealing and expunction lawyer in Houston – Take the first step towards reclaiming your future and leaving your past behind.
FAQ: Understanding Expunctions and Record Sealing in Texas
What Happens at an Expunction and Record Sealing Hearing in Texas?
In both expunction and record sealing hearings, the court reviews the respective petition to ensure eligibility and compliance with Texas law. For expunctions, the focus is on whether the offense can be legally erased, while for record sealing, it’s about limiting public access. Petitioners typically present their case, sometimes with legal representation, to justify why their record should be expunged or sealed.
Will My Expunged or Sealed Record Show Up on a Background Check in Texas?
An expunction order addresses covered records under Texas law; compliance and database updates should be verified rather than assuming an instant clean report. Nondisclosure limits public disclosure, but criminal justice agencies and other authorized recipients can still access the covered information.
Can You Pursue Law Enforcement Careers if You Get Your Record Expunged or Sealed in Texas?
Neither remedy guarantees eligibility for a law-enforcement career. Nondisclosed records remain available to authorized agencies. For expunction, review the final order, applicable disclosure rules and the specific application rather than assuming every question can be answered the same way.
Can Federal Agencies Like the FBI Access Expunged or Sealed Records in Texas?
Chapter 55A requires state agencies and DPS to provide specified notices and requests to federal repositories. It does not promise that every government record disappears. Nondisclosed records also remain available for authorized criminal-justice and federal-law purposes.
How Long Does the Expungement or Record Sealing Process Take in Texas?
Expunction and nondisclosure have different eligibility periods and procedures. A general expunction petition hearing cannot be set earlier than the 30th day after filing; court scheduling, finality and agency processing affect the total time. There is no single completion period for both remedies.
Is There a Statute of Limitations for Seeking Expunction or Record Sealing in Texas?
There’s not a strict statute of limitations for those seeking either expunction or record sealing. For the most part, your eligibility mostly depends on meeting specific conditions related to the offense, including the required waiting periods.
Are There Recent Changes to Texas Law Regarding Expunctions and Record Sealing?
The current expunction statute is Chapter 55A. Article 55A.005 covers qualifying convictions under former Penal Code Section 46.02(a) for conduct before September 1, 2021. Some DWI cases may qualify for expunction based on their disposition or for nondisclosure under separate rules; there is no general new right to expunge DWI convictions.
However, as always, it’s rather important to consult with a legal expert for the latest laws and how they could apply to the specifics of your case.
Can Expunctions or Record Sealing Affect Future Legal Proceedings in Texas?
The effect of either remedy depends on the statute and order. Expunction is not an absolute guarantee against every later use or retained record. Nondisclosed records may be used by criminal justice agencies and other authorized recipients; the two remedies should not be treated as equivalent.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.