Expunction vs. Record Sealing in Texas: Which One Can You Get?

Posting bail gets your loved one out of jail. It does not erase the arrest. Even after a case is dismissed or a sentence is served, the arrest record stays on file unless you take a separate step to clear it. In Texas there are two, and they are not the same.

Expunction: erasing the record

An expunction (Texas spells it that way, not “expungement”) destroys the record. The arrest, the charge, the court file, all wiped. Once a judge signs a final expunction order, you can legally deny that the arrest ever happened, even under oath.

Because it is the stronger remedy, it is also the harder one to get. Expunction is generally for arrests that did not end in a conviction: cases dismissed, acquittals, grand jury no-bills, and certain completed Class C deferred dispositions. A final conviction, and usually a completed deferred adjudication, takes expunction off the table. Waiting periods tied to the offense level also apply before you can file.

Texas reorganized these laws recently. Expunction long lived in Chapter 55 of the Code of Criminal Procedure and now sits in the recodified Chapter 55A, but the eligibility rules matter far more than the chapter number.

Nondisclosure: sealing the record

An order of nondisclosure (Government Code Chapter 411, Subchapter E-1) does not destroy the record. It seals it from public view. An employer running a standard background check will not see it, but law enforcement, the courts, and certain licensing agencies still can.

Nondisclosure is the path for many people who do not qualify for expunction, typically those who completed deferred adjudication, and in some cases certain convictions. Waiting periods vary by offense, from none at all for some misdemeanors up to several years for felonies after the case is completed.

The short version

If your case ended without a conviction, ask about expunction first. If you were convicted or completed deferred adjudication, nondisclosure is usually the realistic option. Either way, the answer turns on your exact disposition, so this is a conversation to have with a criminal defense attorney.